“Joint Cards” Program Disclosures and Agreement
When you see the words “we, “us,” or “our” in this Agreement, it refers to LendingClub, as well as Zeta as agent for LendingClub. When you see the words “you” or “your,” it refers to you, the accountholders of the Joint Account and anyone else with the authority to deposit, withdraw, or exercise control over the funds in the account. Section headings that appear in this Agreement are for convenience purposes only and should not be construed as affecting the meaning of the Agreement. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so the singular includes the plural and the plural includes the singular.
By opening or continuing to use a Joint Account with us, you agree to be bound by this Agreement, as well as any other agreement or document we may provide to you from time to time in connection with the Program.
The interest rate and annual percentage yield (APY) on the Joint Account are established at our discretion based on market conditions and may change without notice.
This agreement is subject to applicable federal laws, the laws of the state of Massachusetts and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this agreement can and does vary such rules or laws). The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here.
The purpose of this document is to:
summarize some laws that apply to common transactions;
establish rules to cover transactions or events which the law does not regulate;
establish rules for certain transactions or events which the law regulates but permits variation by agreement;
give you disclosures of some of our policies to which you may be entitled or in which you may be interested.
If any provision of this document is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. We may permit some variations from our standard agreement, but we must agree to any variation in writing either on the signature card for your account or in some other document. Nothing in this document is intended to vary our duty to act in good faith and with ordinary care when required by law.
If you have any questions, please call us at 650.480.1908 or email us at email@example.com.
PART 1: TERMS AND CONDITIONS OF YOUR JOINT ACCOUNT
Due to the passage of the “USA PATRIOT Act,” we are required to notify customers of the following information:
Federal laws and regulations require us to request information from you prior to opening a Joint Account or adding an additional signatory to a Joint Account. The information we request may vary depending on the circumstances, but at a minimum, will include your name, address, an identification number such as your social security or taxpayer identification number, and for individuals, your date of birth. We are also required to verify the information you provide to us. This verification process may require you to provide us with supporting documentation that we deem appropriate. We may also seek to verify the information by other means. We reserve the right to request additional information and/or signatures from you from time to time.
The Joint Account is available to U.S. citizens or lawful permanent residents who are at least 18 years of age, have a physical address within the United States or United States territories, and have a valid Social Security Number or Tax Identification Number. The Joint Account is only available for personal, family, or household purposes and may not be opened by a business in any form or used for business purposes.
You must also agree to go paperless. This means that you must provide us with a valid email address and agree to accept electronic delivery of all notices and communications in connection with the Program. Please refer to our Electronic Records (E-Sign) Disclosure and Consent.
For purposes of this Agreement, our business days are Monday through Friday, excluding federal holidays. Saturday and Sunday are not business days for purposes of this Agreement, even if Zeta and/or LendingClub Bank is open for any business on such days.
You agree, for yourself (and the person or entity you represent if you sign as a representative of another) to the terms of this Joint Account and the schedule of charges. You authorize us to deduct these charges, without notice to you, directly from the account balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this agreement.
Each of you also agrees to be jointly and severally (individually) liable for any account shortage resulting from charges or overdrafts, whether caused by you or another with access to this Joint Account. This liability is due immediately, and can be deducted directly from the Joint Account balance whenever sufficient funds are available. You have no right to defer payment of this liability, and you are liable regardless of whether you signed the item or benefited from the charge or overdraft.
You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Joint Account. This includes, but is not limited to, disputes between you and another joint owner; you and an authorized signer or similar party; or a third party claiming an interest in your Joint Account. This also includes any action that you or a third party takes regarding the Joint Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Joint Account when they are incurred, without notice to you.
You may make deposits into your Joint Account by any of the following methods:
ACH transfers to your Joint Account from a linked bank account
Paper checks via remote deposit capture
Paper checks via deposit at eligible ATMs
There may be certain limitations on the number and amount of deposits you may make using certain methods. See the Transaction Limitations section of this Agreement for further information.
We do not accept cash or mail deposits. If you mail us a cash deposit, we will send the cash back to you. If you mail a paper check to us, including personal checks, money orders or cashier’s checks, we may apply the check to any negative balance you may have on your Joint Account or send the check back to you. We will send all items back to the address we have for you on file and we are not liable if you do not receive the items.
We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on us”). Before settlement of any item becomes final, we act only as your agent, regardless of the form of endorsement or lack of endorsement on the item and even though we provide you provisional credit for the item. We may reverse any provisional credit for items that are lost, stolen, or returned. Unless prohibited by law, we also reserve the right to charge back to your Joint Account the amount of any item deposited to your Joint Account or cashed for you which was initially paid by the payor bank and which is later returned to us due to an allegedly forged, unauthorized or missing endorsement, claim of alteration, encoding error or other problem which in our judgment justifies reversal of credit. You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond the midnight deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. If we accept a third-party check for deposit, we may require any third-party endorsers to verify or guarantee their endorsements, or endorse in our presence.
You may withdraw available funds in your Joint Account by any of the following methods:
ACH transfers from your Joint Account to a linked external bank account
ACH transfers from your Joint Account to a merchant or other third party that you authorize to withdraw from your Joint Account using your routing and account number
ATM withdrawals using your Joint Card
Payments made to third parties through the Joint Account Digital Check service
Purchases or other transactions using your Joint Card at merchants that have agreed to accept the Joint Card
There may be certain limitations on the number and amount of withdrawals you may make using certain methods. See the Transaction Limitations section of this Agreement for further information.
Unless clearly indicated otherwise on the Joint Account records, any of you, acting alone, who signs to open the Joint Account or has authority to make withdrawals may withdraw or transfer all or any part of the account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to this Joint Account or any other transaction with us.
Digital Check Service and Check Writing
When you open a Joint Account, you will be given access to our Digital Check service. Digital Check allows you to authorize us to make payments on your behalf to third parties in the form of a paper check draft drawn on your Joint Account. Payments may only be sent to addresses within the United States. To send a Digital Check payment, you must provide the name and mailing address of each individual or company you wish to pay, as well as any other information requested. You are responsible for verifying the completeness and accuracy of all information you give us for Digital Check payments. We are not liable for losses resulting from incorrectly entered information on Digital Check payments.
Other than check drafts initiated through the Digital Check service, we will not provide you with paper checks and we do not permit you to create checks that are drawn on your Joint Account.
We may refuse any withdrawal or transfer request which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on the Joint Account until your identity is verified. Even if we honor a nonconforming request, we are not required to do so later. If you violate the stated transaction limitations (if any), in our discretion we may close your Joint Account If we are presented with an item drawn against your account that would be a “substitute check,” as defined by law, but for an error or defect in the item introduced in the substitute check creation process, you agree that we may pay for such item.
See the funds availability policy disclosure for information about when you can withdraw funds you deposit. For those accounts to which our funds availability policy disclosure does not apply, you can ask us when you make a deposit when those funds will be available for withdrawal. An item may be returned after the funds from the deposit of that item are made available for withdrawal. In that case, we will reverse the credit of the item. We may determine the amount of available funds in your account for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only make one determination, but if we choose to make a subsequent determination, the account balance at the subsequent time will determine whether there are insufficient available funds.
A temporary debit authorization hold affects your account balance
On debit card purchases, merchants may request a temporary hold on your account for a specified sum of money, which may be more or less than the actual amount of your purchase. When this happens, our processing system cannot determine that the amount of the hold exceeds or is less than the actual amount of your purchase. This temporary hold, and the amount charged to your account, will eventually be adjusted to the actual amount of your purchase, but it may be up to three days before the adjustment is made. Until the adjustment is made, the amount of funds in your account available for other transactions will be reduced by the amount of the temporary hold. If another transaction is presented for payment in an amount greater than the funds left after the deduction of the temporary hold amount, that transaction will be a non-sufficient funds (NSF) transaction if we do not pay it or an overdraft transaction if we do pay it. You will be charged an NSF or overdraft fee according to our NSF or overdraft fee policy. You will be charged the fee even if you would have had sufficient funds in your account if the amount of the hold had been equal to the amount of your purchase.
As an example, some merchants may request an authorization for the amount that they estimate you will spend and place a temporary hold for that amount. This estimated amount is likely to be different (either more or less) than the actual transaction amount. Typically, temporary holds are placed for up to three business days but exact times may vary. If a temporary hold is placed, please note that it may impact your available balance by an amount either more or less than you expected until the transaction posts. We are not responsible for damages or losses of any type, including wrongful dishonor, for any transaction that is not approved or that is later returned unpaid because of a hold.
You understand that we may, at our discretion, honor withdrawal requests that overdraw your account. However, the fact that we may honor withdrawal requests that overdraw the account balance does not obligate us to do so later. So you can NOT rely on us to pay overdrafts on your account regardless of how frequently or under what circumstances we have paid overdrafts on your account in the past. We can change our practice of paying overdrafts on your account without notice to you. For consumer accounts, we will not charge fees for overdrafts caused by ATM withdrawals or one-time debit card transactions if you have not opted-in to that service. We may use subsequent deposits, including direct deposits of social security or other government benefits, to cover such overdrafts and overdraft fees.
There are limitations on the frequency and amount of deposits, withdrawals, and other transactions you may make on your Joint Account. We may change these limitations at any time. We will provide notice to you of such changes when required by applicable law. These limitations include:
Limitations Applicable to Deposits
For security reasons, we may impose limits on the number and amount of deposits you may make using the Mobile Remote Deposit Capture Service.
For security reasons, we may impose limits on the number and amount of deposits you make through transfers from an External Account with another financial institution.
Limitations Applicable to Withdrawals Other Than Debit Card or ATM Transactions
For security reasons, we may impose limits on the number and amount of withdrawals you may make using transfers to an External Account with another financial institution.
For security reasons, we may impose limits on the number and amount of withdrawals you may make using the Digital Check service to pay third parties.
Limitations Applicable to Debit Cards and ATM Transactions
You may withdraw no more than $500.00 per business day from ATMs using your debit card and PIN.
You may not exceed $500.00 in cash point-of-sale (e.g., cash back at a merchant) transactions per business day.
You may not exceed $2,000.00 in PIN-based point-of-sale transactions or $2,000.00 in signature-based transactions using your debit card.
For security reasons, we may impose additional limits on the number and amount of transactions you may make using your debit card.
Transactions you make on your Joint Account are subject to various “cut-off” times. If you engage in certain transactions before the applicable cut-off time, they will be processed that business day. If you engage in such transactions after the applicable cut-off time or on a day that is not a business day, they will be processed the following business day. The cut-off times applicable to your Joint Account are in Eastern Time and are as follows:
ACH transfers to or from your Joint Account – The cut-off time for ACH transfers you initiate to or from your Joint Account is 2:00 p.m. ET.
Deposits using Mobile Remote Deposit Capture Service – The cut-off time for deposits you make through the Mobile Remote Deposit Capture Service is 3:00 p.m. ET.
Digital Check payments – The cut-off time for Digital Check payments you authorize is 3:30 p.m. ET.
Wire transfers – Domestic Wire Transfers initiated and approved by 3:00 p.m. ET on a business day will be processed that same day if that day is also a business day for LendingClub Bank’s correspondent facility and the recipient bank; transfers initiated and approved after 3:00 p.m. ET will be processed the next business day if that day is also a business day for LendingClub Bank’s correspondent facility and the recipient bank. These timelines are contingent on the completion of required security and verification procedures and should not be considered to be a guarantee of processing.
This is a Joint Account with the right of survivorship (and not as tenants in common). This type of account is in the name of two persons. Each of you intend that when you die the balance in the account (subject to any previous pledge to which we have agreed) will belong to the survivor.
The rules in this section cover stopping payment of Digital Checks. This section does not apply to electronic fund transfers, such as debit card transactions and ACH transfers. For rules regarding stopping payment of electronic fund transfers, please refer to the Electronic Fund Transfers section of this Agreement.
To submit a stop payment request for a Digital Check, please contact Customer Service through Zeta’s secure messaging. We may accept an order to stop payment on any item from any one of you. You must make any stop-payment order in the manner required by law and we must receive it in time to give us a reasonable opportunity to act on it before our stop-payment cutoff time. Because stop-payment orders are handled by computers, to be effective, your stop-payment order must precisely identify the number, date, and amount of the item, and the payee. You may stop payment on any item drawn on your account whether you sign the item or not. Generally, if your stop-payment order is given to us in writing it is effective for six months. Your order will lapse after that time if you do not renew the order in writing before the end of the six-month period. If the original stop-payment order was oral your stop-payment order will lapse after 14 calendar days if you do not confirm your order in writing within that time period. We are not obligated to notify you when a stop-payment order expires. A release of the stop-payment request may be made only by the person who initiated the stop-payment order.
If you stop payment on an item and we incur any damages or expenses because of the stop payment, you agree to indemnify us for those damages or expenses, including attorneys’ fees. You assign to us all rights against the payee or any other holder of the item. You agree to cooperate with us in any legal actions that we may take against such persons. You should be aware that anyone holding the item may be entitled to enforce payment against you despite the stop-payment order.
Our stop-payment cutoff time is one hour after the opening of the next banking day after the banking day on which we receive the item. Additional limitations on our obligation to stop payment are provided by law (e.g., we paid the item in cash or we certified the item).
We may change any term of this agreement. Rules governing changes in interest rates are provided in the Truth-in-Savings disclosure found within this Agreement. For other changes, we will give you reasonable notice in writing or by any other method permitted by law. We may also close this account at any time upon reasonable notice to you and transfer the account balance to you electronically or by mail. Items presented for payment after the account is closed may be dishonored. When you close your account, you are responsible for leaving enough money in the account to cover any outstanding items to be paid from the account. Reasonable notice depends on the circumstances, and in some cases such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change or account closure becomes effective. For instance, if we suspect fraudulent activity with respect to your account, we might immediately freeze or close your account and then give you notice. If we have notified you of a change in any term of your account and you continue to have your account after the effective date of the change, you have agreed to the new term(s).
Unless otherwise specified in this Agreement or other agreements or documents we may provide to you, any written notice you give us is effective when we actually receive it, and it must be given to us electronically by the Zeta in-application secure messaging. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the check or item, including the precise check or item number, amount, date and payee. Written notice we give you is effective when we send it to you by email or, for paper notices, it is deposited in the United States Mail with proper postage and addressed to your mailing address we have on file. Notice to any accountholder is notice to all accountholders.
You will be provided with statements electronically on a monthly basis. You will not receive paper statements. It is your responsibility to review your statements promptly and report any errors or unauthorized transactions to us immediately. For information applicable to errors and unauthorized transactions relating to electronic fund transfers (e.g., computer, debit card or ATM transactions) refer to the Electronic Fund Transfers section of this Agreement. For information on errors relating to substitute checks, refer to your disclosure entitled Substitute Checks and Your Rights. For all other errors, the below terms apply.
Your duty to report unauthorized signatures, alterations and forgeries – You must examine your statement of account with “reasonable promptness.” If you discover (or reasonably should have discovered) any unauthorized signatures or alterations, you must promptly notify us of the relevant facts. As between you and us, if you fail to do either of these duties, you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized signatures or alterations by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 days from when the statement is first sent or made available to you.
You further agree that if you fail to report any unauthorized transactions, alterations or forgeries in your account within 60 days of when we first send or make the statement available, you cannot assert a claim against us on any items in that statement, and as between you and us the loss will be entirely yours. This 60-day limitation is without regard to whether we used ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Your duty to report other errors – In addition to your duty to review your statements for unauthorized signatures, alterations and forgeries, you agree to examine your statement with reasonable promptness for any other error – such as an encoding error. In addition, if you receive or we make available either your items or images of your items, you must examine them for any unauthorized or missing indorsements or any other problems. You agree that the time you have to examine your statement and items and report to us will depend on the circumstances. However, this time period shall not exceed 60 days. Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
This account may not be transferred or assigned without our prior written consent.
If we are required for any reason to reimburse the federal government for all or any portion of a benefit payment that was directly deposited into your account, you authorize us to deduct the amount of our liability to the federal government from the account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of our liability.
We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt any of you owe us now or in the future. If this account is owned by one or more of you as individuals, we may set off any funds in the account against a due and payable debt a partnership owes us now or in the future, to the extent of your liability as a partner for the partnership debt. If your debt arises from a promissory note, then the amount of the due and payable debt will be the full amount we have demanded, as entitled under the terms of the note, and this amount may include any portion of the balance for which we have properly accelerated the due date.
This right of setoff does not apply to this account if prohibited by law. For example, the right of setoff does not apply to this account if: (a) it is an Individual Retirement Account or similar tax-deferred account, or (b) the debt is created by a consumer credit transaction under a credit card plan (but this does not affect our rights under any consensual security interest), or (c) the debtor’s right of withdrawal only arises in a representative capacity, or (d) setoff is prohibited by the Military Lending Act or its implementing regulations. We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
The order in which items are paid is important if there is not enough money in your account to pay all of the items that are presented. The payment order can affect the number of items overdrawn or returned unpaid and the amount of the fees you may have to pay. To assist you in managing your account, we are providing you with the following information regarding how we process those items.
Direct deposits, checks deposited through our Remote Deposit Capture Service, and other credits are posted to your account first. Digital Checks are processed in check or serial number order. ACH debit transactions are posted highest dollar amount to lowest. All other items, such as debit/ATM transactions are posted in the order received.
If a Digital Check, item or transaction is presented without sufficient funds in your account to pay it, we may, at our discretion, pay the item (creating an overdraft) or return the item for insufficient funds (NSF). We will not charge you a fee for paying an overdraft of an ATM or everyday debit card transaction if this is a consumer account and you have not opted-in to that service. The amounts of the overdraft and NSF fees are disclosed elsewhere, as are your rights to opt in to overdraft services for ATM and everyday debit card transactions, if applicable. We encourage you to make careful records and practice good account management. This will help you to avoid creating items without sufficient funds and potentially incurring the resulting fees.
You agree that we may verify credit and employment history by any necessary means, including preparation of a credit report by a credit reporting agency.
We process items mechanically by relying solely on the information encoded in magnetic ink along the bottom of the items. This means that we do not individually examine all of your items to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in magnetic ink. You agree that we have exercised ordinary care if our automated processing is consistent with general banking practice, even though we do not inspect each item. Using an automated process helps us keep costs down for you and all account holders.
We may charge a fee for anyone that does not have an account with us who is cashing a Digital Check or other instrument drawn on your account. We may also require reasonable identification to cash such instruments. We can decide what identification is reasonable under the circumstances and such identification may be documentary or physical and may include collecting a thumbprint or fingerprint.
If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your account (termed “legal action” in this section), we will comply with that legal action. Or, in our discretion, we may freeze the assets in the account and not allow any payments out of the account until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of you. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including, without limitation, attorneys’ fees and our internal expenses) may be charged against your account. The list of fees applicable to your account(s) provided elsewhere may specify additional fees that we may charge for certain legal actions.
It is your responsibility to protect the account numbers and electronic access devices (e.g., an ATM card, or your Mobile Application login credentials) we provide you for your account(s). Do not discuss, compare, or share information about your account number(s) with anyone unless you are willing to give them full use of your money. An account number can be used by thieves to issue an electronic debit or to encode your number on a false demand draft which looks like and functions like an authorized check. If you furnish your access device and grant actual authority to make transfers to another person (a family member or coworker, for example) who then exceeds that authority, you are liable for the transfers unless we have been notified that transfers by that person are no longer authorized.
Your account number can also be used to electronically remove money from your account, and payment can be made from your account even though you did not contact us directly and order the payment.
Except for consumer electronic funds transfers subject to Regulation E and the Electronic Fund Transfer section of this Agreement, you agree that if we offer you services appropriate for your account to help identify and limit fraud or other unauthorized transactions against your account, such as positive pay or commercially reasonable security procedures, and you reject those services, you will be responsible for any fraudulent or unauthorized transactions which could have been prevented by the services we offered, unless we acted in bad faith or to the extent our negligence contributed to the loss. If we offered you a commercially reasonable security procedure which you reject, you agree that you are responsible for any payment order, whether authorized or not, that we accept in compliance with an alternative security procedure that you have selected.
You are responsible for notifying us of any change in your address, your name, or your email. Unless we agree otherwise, change of address, name, or email must be made in writing by at least one of the account holders. We will attempt to communicate with you only by use of the most recent email or mailing address you have provided to us.
To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your account. For example, if you deposit a check and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
This agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the state in which you have your account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. Credit entries may be made by ACH. If we receive a payment order to credit an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.
We have no obligation to honor facsimile signatures on your payment orders. If we do agree to honor items containing facsimile signatures, you authorize us, at any time, to charge you for all such orders, for the payment of money, that are drawn on us. You give us this authority regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimen filed with us, and contain the required number of signatures for this purpose. You must notify us at once if you suspect that your facsimile signature is being or has been misused.
We may accept for deposit any item payable to you or your order, even if they are not endorsed by you. We may give cash back to any one of you. We may supply any missing endorsement(s) for any item we accept for deposit or collection, and you warrant that all endorsements are genuine.
To ensure that your check or share draft is processed without delay, you must endorse it (sign it on the back) in a specific area. Your entire endorsement (whether a signature or a stamp) along with any other endorsement information (e.g. additional endorsements, ID information, driver’s license number, etc.) must fall within 1 1/2″ of the “trailing edge” of a check. Endorsements must be made in blue or black ink, so that they are readable by automated check processing equipment.
As you look at the front of a check, the “trailing edge” is the left edge. When you flip the check over, be sure to keep all endorsement information within 1 1/2″ of that edge.
It is important that you confine the endorsement information to this area since the remaining blank space will be used by others in the processing of the check to place additional needed endorsements and information. You agree that you will indemnify, defend, and hold us harmless for any loss, liability, damage or expense that occurs because your endorsement, another endorsement or information you have printed on the back of the check obscures our endorsement.
No Restrictive Legends or Endorsements. We are unable to inspect Digital Checks you authorize or checks you deposit through our Mobile Remote Deposit Capture Service for restrictive legends, restrictive endorsements or other special instructions. Examples of restrictive legends placed on Digital Checks are “must be presented within 90 days” or “not valid for more than $1,000.00.” Writing “for deposit only” on a check you deposit is an example of a restrictive endorsement. For this reason, we are not required to honor any restrictive legend or endorsement or other special instruction. We are not responsible for any losses, claims, damages, or expenses that result from your placement of these restrictions or instructions on your checks.
You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or is adjudicated (determined by the appropriate official) incompetent. We may continue to honor your checks, items, and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify checks drawn on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the account.
Unless required by law or we have agreed otherwise in writing, we are not required to act upon instructions you give us via facsimile transmission or leave by voice mail or on a telephone answering machine.
We may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. We need not remind you of our recording before each phone conversation.
To provide you with the best possible service in our ongoing business relationship for your account we may need to contact you about your account from time to time by telephone, text messaging or email. However, we must first obtain your consent to contact you about your account because we must comply with the consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).
Your consent is limited to this account, and as authorized by applicable law and regulations.
Your consent does not authorize us to contact you for telemarketing purposes (unless you otherwise agreed elsewhere).
In certain circumstances, your consent to contact you survives termination of your Joint Account such that we may still provide you with relevant information regarding ancillary services.
With the above understandings, you authorize us to contact you regarding this account throughout its existence using any telephone numbers or email addresses that you have previously provided to us or that you may subsequently provide to us.
This consent is regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging, including the use of pre-recorded or artificial voice messages and an automated dialing device.
If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us. However, maintaining a valid email address with us is required to continue to be eligible for the Joint Account. If you remove your email address and do not provide us with an alternative, valid email address that we may use to communicate with you, we reserve the right to limit, close, or terminate your Joint Account or any other features or services related to the Program.
If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning your account, the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of lost, missing, or stolen checks or unauthorized withdrawals. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
We may place an administrative hold on the funds in your account (refuse payment or withdrawal of the funds) if it becomes subject to a claim adverse to (1) your own interest; (2) others claiming an interest as survivors or beneficiaries of your account; or (3) a claim arising by operation of law. The hold may be placed for such period of time as we believe reasonably necessary to allow a legal proceeding to determine the merits of the claim or until we receive evidence satisfactory to us that the dispute has been resolved. We will not be liable for any items that are dishonored as a consequence of placing a hold on funds in your account for these reasons.
Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your Joint Account. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
PART 2: ELECTRONIC FUND TRANSFERS
Indicated below are types of Electronic Fund Transfers we are capable of handling, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
Electronic Fund Transfers Initiated By Third Parties. You may authorize a third party to initiate electronic fund transfers between your account and the third party’s account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House(ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a Digital Check draft to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction. In all cases, these third party transfers will require you to provide the third party with your account number and bank information. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers. Examples of these transfers include, but are not limited to:
Preauthorized credits. You may make arrangements for certain direct deposits to be accepted into your Joint Account.
Preauthorized payments. You may make arrangements to pay certain recurring bills from your Joint Account.
Electronic check conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your Joint Account using information from your check to pay for purchases or pay bills.
Electronic returned check charge. You may authorize a merchant or other payee to initiate an electronic funds transfer to collect a charge in the event a check is returned for insufficient funds.
ATM Transfers – types of transfers – You may access your account(s) by ATM using your debit card and personal identification number, to:
make deposits to Joint Account;
get cash withdrawals from Joint Account; and
get information about the account balance of your Joint Account.
Some of these services may not be available at all terminals.
ATM transactions may be subject to limits on the number and amount of transactions you may make. Please refer to the Transaction Limitations section of this Agreement for more information.
Debit Card Point-of-Sale Transactions – types of transfers – Types of debit card Point-of-Sale Transactions – You may access your Joint Account to purchase goods (in person or by phone), pay for services (in person or by phone), get cash from a merchant, if the merchant permits, or from a participating financial institution, and do anything that a participating merchant will accept.
Debit card point-of-sale transactions may be subject to limits on the number and amount of transactions you may make. Please refer to the Transaction Limitations section of this Agreement for more information.
Currency Conversion and Cross-Border Transaction Fees. If you effect a transaction with your debit card in a currency other than US Dollars, MasterCard, will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.
If you effect a transaction with your debit card in a currency other than US Dollars, MasterCard® will convert the charge into a US Dollar amount. The MasterCard currency conversion procedure includes use of either a government-mandated exchange rate, or a wholesale exchange rate selected by MasterCard. The exchange rate MasterCard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account.
MasterCard charges us a Currency Conversion Assessment of 20 basis points (.2% of the transaction) for performing the currency conversion. In addition, MasterCard charges us an Issuer Cross-Border Assessment of 90 basis points (.9% of the transaction) on all cross-border transactions regardless of whether there is a currency conversion. As a result, we charge you a Currency Conversion fee of .2% and a Cross-Border Transaction fee of .9%. The Cross-Border Transaction fee is charged on all cross-border transactions regardless of whether there is a currency conversion. Across-border transaction is a transaction processed through the Global Clearing Management System or the MasterCard Debit Switch in which the country of the merchant is different than the country of the cardholder.
Mobile Application Transfers – types of transfers — Please refer to the Mobile Banking section of this Agreement for more information on the Mobile Application. The Mobile Application allows you to:
transfer funds from your Joint Account to an External Account with another financial institution;
make payments from your Joint Account to third parties; and
get information about:
the account balance of your Joint Account; and
view your Joint Account transaction history.
Transfers made through the Mobile Application may be subject to limits on the number and amount of transactions you may make. Please refer to the Transaction Limitations section of this Agreement for more information.
ADDITIONAL INFORMATION REQUIRED BY MASSACHUSETTS LAW: As a Consumer, the initiation by you of certain electronic transfers from your Account (including point-of-sale (POS) transactions) will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transactions. Any documentation provided to you that indicates that an electronic transfer was made to another person will be admissible as evidence of such transfer and will constitute prima facie proof that such transfer was made. Unless otherwise provided in this Agreement, you may not stop payment of electronic fund transfers. Therefore, you should not initiate or employ electronic access to make a payment unless you are satisfied that you will not need to stop payment.
ATM Operator/Network Fees. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Terminal transfers. You can get a receipt at the time you make a transfer to or from your account using an automated teller machine or point-of-sale terminal. However, you may not get a receipt if the amount of the transfer is $15 or less.
Preauthorized credits. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can message us via secure chat or call us at [650-480-1908] to find out whether or not the deposit has been made.
Periodic statements. You will get an electronic monthly account statement from us.
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. Here is how:
Message us via secure chat in time for us to receive your request 3 business days or more before the payment is scheduled to be made. Please refer to our separate fee schedule for the amount we will charge you for each stop-payment order you give.
Notice of varying amounts. If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
Liability for failure to make transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money in your account to make the transfer.
If you have an overdraft line and the transfer would go over the credit limit.
If the automated teller machine where you are making the transfer does not have enough cash.
If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
If circumstances beyond our control (such as fire, flood, Internet or wireless telecommunications outages or interruptions, postal strikes, or delays caused by payees) prevent the transfer, despite reasonable precautions that we have taken.
If you do not give proper, complete, or correct transfer instructions, or you do not follow the procedures in this Agreement or any other agreements with us for requesting such services.
If we do not complete a transfer after we have suspended your debit card, PIN, Mobile Application login credentials or Mobile Application PIN because it has been reported lost or stolen, or we have canceled your debit card or access to the Mobile Application.
If we have reason to believe that you or someone else is using your debit card or the Mobile Application for fraudulent or illegal purposes.
If the funds in your Joint Account are subject to legal process or other encumbrances restricting their transfer.
There may be other exceptions stated in our agreement with you.
We will disclose information to third parties about your account or the transfers you make:
where it is necessary for completing transfers or transactions you have authorized; or
in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
in order to comply with government agency or court orders; or
You give us your written permission; or
In order to utilize certain features of the Mobile Application with your explicit permission; or
To our employees, auditors, attorneys and collection agencies in the course of their regular duties; or
If an unauthorized disclosure has been made, we must inform you of the particulars of the disclosure within 3 days after we have discovered that an unauthorized disclosure has occurred.
Tell us AT ONCE if you believe your debit card, PIN, or Mobile Application login credentials or Mobile Application PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning 650.480.1908 or contacting Customer Service via secure messaging is the best way of keeping your possible losses down. You could lose up to $50 if someone used your card and/or code without your permission.
Also, if your statement shows transfers that you did not make, including those made by card, code or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed to you, you may not get back the money you lost (up to $50) after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time period.
Contact in event of unauthorized transfer. If you think your debit card, PIN, or Mobile Application login credentials or Mobile Application PIN has been lost, stolen or that someone has transferred or may transfer money from your account without your permission, for example, by using the information from your check, call or write us via secure chat on the Zeta Joint Card app.
Do not give your card or Mobile Application information to others. When you give someone your debit card or your Mobile Application login credentials or PIN, you are authorizing that person to use your debit card or the Mobile Application, and you are responsible for all transactions the person performs using your debit card or the Mobile Application. All transactions that person performs, even transactions you did not intend or want performed, are authorized transactions. If you notify us that the person is no longer authorized, then transactions that person performs after the time you notify us are considered unauthorized, so long as we have had a reasonable opportunity to act on your notice. Transactions that you or someone acting with you initiates with fraudulent intent are also authorized transactions.
In Case of Errors or Questions About Your Electronic Transfers, call us at 650.480.1908 or message us via secure chat on the Zeta Joint Cards app, as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
Tell us your name and account number (if any).
Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing by Zeta in-application secure messaging or via email at firstname.lastname@example.org within 10 business days.
We will determine whether an error occurred within 10 business days (20 business days if the transfer involved a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a new account, a point-of-sale transaction, or a foreign-initiated transfer) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a new account) for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. Your account is considered a new account for the first 30 days after the first deposit is made, unless each of you already has an established transaction account with us before this account is opened.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation.
You may ask for copies of the documents that we used in our investigation by emailing us at email@example.com.
As with all financial transactions, please exercise discretion when using an automated teller machine (ATM) or night deposit facility. For your own safety, be careful. The following suggestions may be helpful.
Prepare for your transactions at home (for instance, by filling out a deposit slip) to minimize your time at the ATM or night deposit facility.
Mark each transaction in your account record, but not while at the ATM or night deposit facility. Always save your ATM receipts. Don’t leave them at the ATM or night deposit facility because they may contain important account information.
Compare your records with the account statements you receive.
Don’t lend your ATM card to anyone.
Remember, do not leave your card at the ATM. Do not leave any documents at a night deposit facility.
Protect the secrecy of your Personal Identification Number (PIN). Protect your ATM card as though it were cash. Don’t tell anyone your PIN. Don’t give anyone information regarding your ATM card or PIN over the telephone. Never enter your PIN in any ATM that does not look genuine, has been modified, has a suspicious device attached, or is operating in a suspicious manner. Don’t write your PIN where it can be discovered. For example, don’t keep a note of your PIN in your wallet or purse.
Prevent others from seeing you enter your PIN by using your body to shield their view.
If you lose your ATM card or if it is stolen, promptly notify us. You should consult the other disclosures you have received about electronic fund transfers for additional information about what to do if your card is lost or stolen.
When you make a transaction, be aware of your surroundings. Look out for suspicious activity near the ATM or night deposit facility, particularly if it is after sunset. At night, be sure that the facility (including the parking area and walkways) is well lighted. Consider having someone accompany you when you use the facility, especially after sunset. If you observe any problem, go to another ATM or night deposit facility.
Don’t accept assistance from anyone you don’t know when using an ATM or night deposit facility.
If you notice anything suspicious or if any other problem arises after you have begun an ATM transaction, you may want to cancel the transaction, pocket your card and leave. You might consider using another ATM or coming back later.
Don’t display your cash; pocket it as soon as the ATM transaction is completed and count the cash later when you are in the safety of your own car, home, or other secure surrounding.
At a drive-up facility, make sure all the car doors are locked and all of the windows are rolled up, except the driver’s window. Keep the engine running and remain alert to your surroundings.
We want the ATM and night deposit facility to be safe and convenient for you. Therefore, please tell us if you know of any problem with a facility. For instance, let us know if a light is not working or there is any damage to a facility. Please report any suspicious activity or crimes to both the operator of the facility and the local law enforcement officials immediately.
FUNDS AVAILABILITY POLICY – YOUR ABILITY TO WITHDRAW FUNDS
Our policy is to make funds from your check deposits available to you on the first business day after the day we receive your deposit.
Funds from the following deposits to your account will be available on the day we receive the deposit:
Electronic direct deposits.
U.S. Treasury checks that are payable to you.
Wire transfers received before 4:00 P.M.
Checks drawn on LendingClub Bank.
State and local government checks that are payable to you.
Certified checks that are payable to you.
Cashier’s and teller’s checks that are payable to you if you use a special deposit slip available from our customer service rep.
Federal Reserve Bank checks, Federal Home Loan Bank checks, and postal money orders, if these items are payable to you.
Corporate payroll checks.
Once the funds are available, you can withdraw them in cash and we will use the funds to pay checks that you have written.
Please remember that even after we have made funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit.
For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before closing on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after closing or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If you make a deposit at an ATM before 3:30 P.M. EST on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit at an ATM after 3:30 P.M. EST or on a day we are not open, we will consider that the deposit was made on the next business day we are open.
If we cash a check for you that is drawn on another bank, we may withhold the availability of a corresponding amount of funds that are already in your account. Those funds will be available at the time funds from the check we cashed would have been available if you had deposited it.
If we accept for deposit a check that is drawn on another bank, we may make funds from the deposit available for withdrawal immediately but delay your availability to withdraw a corresponding amount of funds that you have on deposit in another account with us. The funds in the other account would then not be available for withdrawal until the time periods that are described elsewhere in this disclosure for the type of check that you deposited.
Case-by-case delays. In some cases, we will not make all of the funds that you deposit by check available to you on the first business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the second business day after the day of your deposit. The first $225 of your deposits, however, will be available on the first business day.
If we are not going to make all of the funds from your deposit available on the first business day, we will notify you at the time you make your deposit. We will also tell you when the funds will be available.
If you will need the funds from a deposit right away, you should ask us when the funds will be available.
Safeguard exceptions. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances:
We believe a check you deposit will not be paid.
You deposit checks totaling more than $5,525 on any one day.
You redeposit a check that has been returned unpaid.
You have overdrawn your account repeatedly in the last six months.
You deposit a check that is not payable to you.
There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the fifth business day after the day of your deposit.
If you are a new customer, the following special rules will apply during the first 30 days your account is open.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Funds from wire transfers received before 4:00 P.M. EST, and the first $225 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first business day after the day of your deposit if the deposit meets certain conditions. For example, the checks must be payable to you (and you may have to use a special deposit slip). The balance of funds up to $5,525 will be available on the second business day after the day of deposit. The excess over $5,525 will be available on the fifth business day after the day of your deposit. If your deposit of these checks (other than a U.S. Treasury check) is not made in person to one of our employees, the first $5,525 will not be available until the second business day after the day of your deposit.
Funds from all other check, ATM and external ACH transfers to your Joint Account, will be available on or before the fifth business day after the day of your deposit.
Funds from any deposits (cash or checks) made at our proprietary ATMs will be available on the first business day after the day of deposit. Funds from any deposits made at non-proprietary ATMs that participate in the NYCE Shared Deposit Program will be available on the second business day after the day of deposit.
Funds received for deposit into a transaction account by an ACH external transfer will be available for withdrawal the second business day after the banking day on which the bank received the deposit. Funds received for deposit into a non-transaction account will be available on the fifth business day after the banking day on which the bank received the deposit.
As our customer we think it’s important for you to know about substitute checks. The following Substitute Check Disclosure provides information about substitute checks and your rights. So you will recognize substitute checks when you receive them, we have included a copy of the front side of a substitute check along with an explanation of the substitute check’s components.
What is a substitute check? To make check processing faster, federal law permits banks to replace original checks with “substitute checks.” These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: “This is a legal copy of your check. You can use it the same way you would use the original check.” You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks? In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund? If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us via secure chat on your Zeta Joint Cards app.
You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
An estimate of the amount of your loss;
An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
A copy of the substitute check or the following information to help us identify the substitute check: the check number, the amount of the check, the date of the check, and the name of the person to whom you wrote the check.
Below is an image of a sample substitute check. The numbers listed below the image correspond with the numbers on or near the substitute check image and the corresponding text explains the various components of a substitute check.
These numbers correspond with the numbers on the Substitute Check Image:
An image of the original check appears in the upper right-hand corner of the substitute check.
A substitute check is the same size as a standard business check.
The information in asterisks relates to the “reconverting bank”—the financial institution that created the substitute check.
The information in brackets (appears sideways facing check image) relates to the “truncating bank”—the financial institution that took the original check out of the check processing system.
The Legal Legend states: This is a LEGAL COPY of your check. You can use it the same way you would use the original check.
The MICR lines at the bottom of the image of the original and at the bottom of the substitute check are the same except for the “4” at the beginning of the MICR line on the substitute check, which indicates that it is a substitute check being moved forward for collection purposes. It is also possible for the MICR line on the substitute check to begin with a “5” if the item is being returned. The rest of the MICR line is the same as the original check to ensure that it is processed as though it were the original.
PART 3: WIRE TRANSFER SERVICE TERMS AND CONDITIONS
Zeta Joint Card customers may be granted the ability to enter and complete domestic wire transfer orders (the “Service”) within the Mobile Application. If that ability is enabled, the following Wire Transfer Service Terms and Conditions (“Wire Terms and Conditions”) apply.
The Service described in these Wire Terms and Conditions provides you with the capability to transfer funds from Joint Account to other accounts (the “Recipient Account(s)”) as directed by you. The Recipient Account(s) may be your accounts or domestic-only (U.S.-based) third-party accounts, and may be with LendingClub or with domestic third-party financial institutions. You may use the Service to initiate one-time wire transfers or automated standing transfer orders (as described below) or to create templates for wire transfers made on a repetitive basis which involve the same Joint Account and Recipient Account (“Repetitive Transfer(s)”). You may also utilize Repetitive Transfers to initiate automated standing wire transfer orders, as further described below. All wire transfers must be initiated by Customer.
Transfer Instructions and Transmission Methods.
You may instruct us to transfer funds from your Joint Account. For purposes of these Wire Terms and Conditions, such instruction (or “order”) shall be received from you and initiated by means of the Mobile Application, unless we agree otherwise in writing in our sole and exclusive discretion.
In order to transmit instructions via the Mobile Application, you must first agree to and transmit all instructions in accordance with all of the terms, conditions and security procedures applicable to the Service and set forth in this Agreement, and/or associated documents provided by us, as applicable, including any schedules associated therewith, as may be amended by us from time to time (collectively herein the “Security Procedures”).
Your authority to make the transfer and to issue other directions and instructions associated with the wire transfer shall be conclusively presumed if the Security Procedures associated with the applicable transmission method are followed.
Transactions Limits; Execution of Wire Transfers.
By submitting a wire transfer request, you authorize us to withdraw the amount of any requested wire transfer which you may authorize and instruct, plus any applicable fees and charges, from your designated Joint Account. Subject to the terms of this Agreement, LendingClub will accept and execute a wire transfer received from you that has been authenticated by us and is in conformity with the Security Procedures (as further described below), cut-off times, transaction limits and other requirements as described in this Agreement and any associated exhibits, set-up form(s) and other documentation. We will reject payment orders that would cause your transactions to exceed the available balance, daily transaction limit or the daily exposure limit established by LendingClub for you.
All wire transfers to accounts at other depository institutions are transmitted using the Fedwire funds transfer system owned and operated by the Federal Reserve Bank or via a similar wire transfer system used primarily for funds transfers between financial institutions, which may include a system provided by or through a LendingClub intermediary, correspondent or service provider.
Each wire transfer must include the following information in addition to any information which we may require for proper identification and security purposes: (i) Joint Account number from which the funds are to be withdrawn, (ii) amount to be transferred, (iii) currency type, (iv) name and ABA routing number or SWIFT BIC of the beneficiary’s bank, and (v) name, address and account number of the beneficiary. In the event a wire transfer describes an account number for the beneficiary that is in a name other than the designated beneficiary, LendingClub may execute the wire transfer to the account number so designated notwithstanding such inconsistency.
Templates created via the Mobile Application or other instructions for Repetitive Transfers that are based on and reflective of information provided by you are your sole and exclusive responsibility. You agree to release and hold us harmless from any loss or liability (including reasonable attorney’s fees) which you or we may incur after LendingClub has executed a Repetitive Transfer, including without limitation, any loss due to your error in creating the Repetitive Transfer template or instruction.
Time of Execution – Domestic Wires.
We will execute each authenticated wire transfer that is in conformity with all Security Procedures, cut-off times and other requirements set forth herein, on the business day received or on the business day requested by you if the wire transfer is future-dated. We may require additional authentication of any wire transfer request. LendingClub reserves the right to reject a wire transfer request that cannot be properly authenticated. Cut-off times may be established and changed by LendingClub from time to time. Instructions for wire transfers received after such cut-off times may be treated by LendingClub for all purposes as having been received on the following business day.
Except for future-dated outgoing wire transfers, domestic outgoing wire transfers (U.S.-based receivers) initiated and approved by the cut-off time set forth in the Processing Specifications section below on a business day will be processed that same day if that day is also a business day for LendingClub's correspondent facility and the recipient bank. Outgoing domestic wire transfers initiated and approved after the cut-off time set forth in the Processing Specifications section below will be processed the next business day if that day is also a business day for LendingClub's correspondent facility and the recipient bank. Future-dated domestic outgoing wire transfers will be initiated on the effective date requested by you, provided that date is a business day, not on the date you entered the transaction using the Service. You may submit a future-dated domestic wire transfer up to such period of time in advance of the effective date requested by you as the Service permits.
LendingClub may handle wire transfers received from you in any order convenient to it, regardless of the order in which they are received. If more than one wire transfer request is made at or about the same time and the Available Funds in your Joint Account do not cover all of such orders or requests, LendingClub may at its option execute as many of such orders or requests as possible within the dollar limits of such Available Funds.
A Repetitive Transfer is a template-based transfer order that you intend to be made on a recurring, periodic basis to the same beneficiary and the same account at the same beneficiary bank and for which only the date and dollar amount and any additional optional information vary.
Upon set-up of any Repetitive Transfer, LendingClub will transfer funds from your Joint Account according to the schedule and parameters set forth by and/or for you in the Service or any associated exhibits.
For domestic Repetitive Transfers transmitted through the Service, Repetitive Transfers must be authorized in accordance with the terms and conditions of the Service and related service requirements. You shall be responsible for the creation of all Repetitive Transfer templates. We shall not be liable for any error in your set-up or creation of any template.
Modifications or deletions of Repetitive Transfers that were established via the Service must be modified or deleted by you via the Service prior to your desired effective date of the change or deletion and in accordance with the time limits set forth within the Service.
Cancellation and Amendment of a Wire.
You may request that we attempt to cancel or amend a wire transfer previously received from you. If a cancellation or amendment request is received by LendingClub before the wire transfer is executed and with sufficient time to afford us an opportunity to act upon your request, we may, on its own initiative but without obligation, make a good faith effort to act upon such request. In the event Customer’s cancellation or amendment request is received after execution of Customer’s wire transfer request, we will attempt to have the wire transfer returned. Notwithstanding the foregoing, we shall have no liability for the failure to effect a cancellation or amendment, and we make no representation or warranty regarding LendingClub's ability to amend or cancel a wire transfer. You agree to indemnify us against any loss, liability or expense (including reasonable attorney’s fees) which Zeta and/or LendingClub incurs as a result of the request to cancel or amend a wire transfer and the actions we take pursuant to such request.
Notice of Rejection or Return.
Zeta and/or LendingClub shall have no liability for wire transfers sent by LendingClub as directed by you which cannot be completed or which are returned due to incorrect information furnished by you. You are required to fully complete beneficiary name and address, as beneficiary bank may elect to return an otherwise valid wire transfer for incomplete beneficiary information. LendingClub may reject or impose conditions that must be satisfied before it will accept your instructions for any wire transfer, in its sole discretion, including, but not limited to, if there are insufficient Available Funds on deposit with us for the specified Joint Account, if the transfer order that does not comply with the security procedures, if there is any inconsistency between a transfer order and information previously supplied to us, if LendingClub is unable to obtain confirmation of such transfer order satisfactory to LendingClub, if we believe that the wire transfer may not have in fact been authorized, or if LendingClub has other reasonable grounds not to honor the payment order. A wire transfer may also be rejected by an intermediary or beneficiary bank other than LendingClub, or by operation of law. If a wire transfer is rejected, we will endeavor to notify you promptly by telephone or secure messaging. Upon rejection or return, we shall have no further obligation to act upon a wire transfer, nor shall we have any liability to you due to rejection by another person in the wire transfer process, or the fact that notice was not given or was not given at an earlier time, or within any specified time of receipt, acceptance, execution or payment of any wire transfer.
You agree that the Security Procedures used by you and set forth or incorporated by reference in this these Wire Terms and Conditions and/or associated documents, as well as the terms of and schedules to the Service, are a commercially reasonable method of providing security against unauthorized wire transfers and for all other instructions from you to LendingClub. Any wire request transmitted by you shall be deemed authorized if transmitted in accordance with the Security Procedures. You also agree that any election you may make to change or refuse the Security Procedures is at your risk and that any loss resulting in whole or in part from such change or refusal will be your responsibility.
You warrant that no individual will be allowed to initiate transfers without proper supervision and safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any passwords, codes, security devices and related instructions provided by us in connection with the Security Procedures applicable to the Service. If you suspect, know, believe or have reason to believe that any such information or instructions have been known or otherwise accessed by unauthorized persons, you agree to immediately notify us by secure chat, followed by written confirmation by email at firstname.lastname@example.org. The occurrence of unauthorized access shall not affect any transfers made in good faith by LendingClub prior to receipt of such notice and within a reasonable time period after notice is received to allow sufficient time for LendingClub to respond to such notice.
We may, from time to time, propose modified, additional or enhanced Security Procedures to you for use with the Service. You understand and agree that if you decline to use any such modified, additional or enhanced Security Procedures, you will be liable for any losses that would have been prevented by such Security Procedures. Notwithstanding anything else contained in these Wire Terms and Conditions, if LendingClub believes immediate action is required for the security of LendingClub or your funds, LendingClub may initiate modified, additional or additional Security Procedures immediately and provide prompt subsequent notice thereof to you.
You hereby acknowledge that the Security Procedures are neither designed nor intended to detect errors in the content or verify the contents of a wire transfer by you. Accordingly, any errors contained in wire transfers from you shall be your responsibility, and you shall be obligated to pay or repay (as the case may be) the amount of any such wire transfer. No Security Procedures for the detection of any such errors have been agreed upon between LendingClub and you.
Compliance with Security Procedures.
If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by LendingClub was sent in accordance with the Security Procedures applicable to the Service and thereby purports to have been transmitted or authorized by you, it shall be deemed effective as your wire transfer (or request), even if the wire transfer (or request) was not authorized by you. If LendingClub accepted the wire transfer (a) in compliance with the Security Procedures with respect to such wire transfer, (b) in compliance with any written agreement or instruction from you restricting acceptance of wire transfer issued in your name, and (c) in good faith, then you shall be obligated to pay LendingClub the amount of such wire transfer.
If a wire transfer (or a request for cancellation or amendment of a wire transfer) received by LendingClub was actually sent or authorized by you, you shall pay LendingClub the amount of any such wire transfer, whether or not LendingClub complied with the Security Procedures applicable to the Service and whether or not that wire transfer was erroneous in any respect or that any such error would have been detected if LendingClub had complied with the Security Procedures.
Accuracy; Inconsistency of Receiving Beneficiary Name and Account Number.
In submitting any wire request or related instructions, you shall be responsible for providing all necessary information required by LendingClub. This Service is only designed to respond to information provided by you. Accordingly, any inaccuracy in any information provided by you may result in an unintended transfer of funds. We bear no responsibility and shall not be liable to you for any information provided by you in a wire request or related instructions that is inaccurate, incomplete or otherwise incorrect. You acknowledge and agree that, in accordance with Article 4A of the UCC, LendingClub shall be entitled to rely upon the numbers supplied by you to identify banks, beneficiaries and other parties to the wire transfer, even if those numbers disagree or are inconsistent with the names of those parties as provided by you. LendingClub and any other receiving financial institution shall have no obligation to determine whether a name and number identify the same person or institution. You acknowledge that payment of a wire request or related instructions may be made by the beneficiary’s bank on the basis of an identifying or bank account number even if it identifies a person different from the named beneficiary.
Payment; Authorization to Charge Account.
You will compensate LendingClub for the Service as applicable and as provided in the fee schedule included in this Agreement. In connection with each wire transfer, you shall also pay the online wire transfer fee in effect at the time of such transfer. LendingClub shall be authorized to deduct its fees hereunder from your Joint Account.
You agree to pay LendingClub the amount of each transfer order received from you on the business day that LendingClub executes said order or at such other time as LendingClub may determine. LendingClub may, without prior notice or demand, obtain payment of such amount by debiting the Account designated or, in the event there are not sufficient Available Funds in the Joint Account, debiting any other account you maintain with LendingClub, in LendingClub's sole and exclusive discretion. You agree to at all times maintain a balance of Available Funds in your Joint Account sufficient to cover payment of your obligations under these Wire Terms and Conditions. LendingClub is not obligated to execute and may reject, without notice to you, any transfer order which exceeds the amount of Available Funds on deposit with LendingClub for the Joint Account or any transfer order that does not comply with the Security Procedures as such may be modified from time to time. The aforementioned notwithstanding, LendingClub may, at LendingClub's discretion and with your approval, execute a transfer which fails to meet Available Funds requirements. If LendingClub does so, you agree to repay LendingClub on demand the amount of any resulting overdraft in your Joint Account, as well as the overdraft fees specified in this Agreement and applicable Fee Schedule.
Advices and Statements.
All wire transfers accepted by LendingClub (including wire transfers sent or received on behalf of you) will be reflected in your transaction history statement. If you elect to sign up for Zeta’s notification feature, Zeta will also send you an advice or notice to the email address(es) specified by you if a wire transfer has been accepted. You agree to check the daily history of the Joint Account on the day after the processing date and to notify us immediately of any discrepancies between your records and the transaction history. If you fail to notify us of any such discrepancy as required by this paragraph, you agree that Zeta and/or LendingClub's liability for any of your losses with respect to an Entry shown on the daily history or periodic statement shall be limited as set forth in the parties’ Agreement.
If the beneficiary’s bank does not pay the beneficiary specified in the wire transfer order, a refund will be made only after LendingClub has received confirmation of the effective cancellation of the wire transfer order and LendingClub is in free possession of the funds debited or earmarked in connection with the wire transfer order. Any refund will be made for either (i) the face amount of the wire transfer (less LendingClub's fee and expenses and expenses of LendingClub's correspondents, agents or sub-agents) or (ii) the amount actually received by LendingClub in settlement of the liability to LendingClub of our correspondent, agents or sub-agents, or foreign postal services, whichever is lower. As a condition of making refund, however, LendingClub shall have the option, for a wire transfer composed or partially composed of foreign currency, to make refund (i) in that foreign currency, or (ii) in U.S. Dollars at LendingClub's buying rate on the date of refund to you. When the funds for payment of the wire transfer have been remitted abroad and have not been returned or otherwise made available to LendingClub, LendingClub shall not be obligated to make any refund on account of the wire transfer. LendingClub shall not be liable for a sum greater than the amount paid for the wire transfer, exclusive of commission, cable-charges, and other expenses.
LendingClub Reliance; Authentication.
LendingClub shall be entitled to rely in good faith on communications it receives as being given or sent by you and as being genuine and correct. Zeta and/or LendingClub shall not be liable to you for the consequences of such reliance.
LENDINGCLUB MAY TAKE SUCH ADDITIONAL STEPS AND IMPLEMENT SUCH PROCEDURES AS IT MAY DEEM APPROPRIATE TO VERIFY THE AUTHENTICITY OF ANY WIRE TRANSFER. BANK MAY DELAY THE EXECUTION OF ANY WIRE TRANSFER PENDING COMPLETION OF A CALL-BACK OR RECEIPT OF ANOTHER FORM OF VERIFICATION WHICH IS SATISFACTORY TO BANK. IF BANK IS UNABLE TO OBTAIN SATISFACTORY VERIFICATION, BANK, IN ITS SOLE DISCRETION, MAY REFUSE TO EXECUTE ANY WIRE TRANSFER. In no event shall Zeta and/or LendingClub be liable for any delay in executing a wire transfer or for failure to execute a wire transfer due to the absence of satisfactory verification.
LendingClub may electronically record any telephone conversations between LendingClub personnel and you.
Wire transfer transactions are subject to all the foregoing and all regulations governing electronic transactions, including but not limited to Article 4A of the UCC.
LendingClub Bank Responsibilities.
In the performance of the Service addressed by this Agreement, LendingClub shall be entitled to rely solely on the information, representations, and warranties provided by you pursuant to these Wire Terms and Conditions, and shall not be responsible for the accuracy or completeness thereof. LendingClub shall be responsible only for performing the Service as expressly provided for in these Wire Terms and Conditions. Zeta and/or LendingClub shall not be responsible for your acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or authorization of any instruction or transaction received from you or through the Mobile Application) or those of any other person, including without limitation any Federal Reserve LendingClub or transmission or communications facility, and no such person shall be deemed LendingClub's agent. You agree to indemnify and defend Zeta and/or LendingClub against any loss, liability or expense (including reasonable attorney’s fees and expenses) resulting from or arising out of any claim of any person that Zeta and/or LendingClub is responsible for any act or omission of Customer or any other person described in this Section 17.
You acknowledge and agree that LendingClub's provision of the Service hereunder may be interrupted from time to time. Without limiting the generality of the foregoing, LendingClub shall be excused from failing to act or delay in acting if such failure or delay is caused by legal constraint, interruption of transmission or communication facilities, equipment or software error or malfunction, war, acts of terrorism, emergency conditions or other circumstances beyond LendingClub's reasonable control. From time to time LendingClub may need to temporarily suspend the Service or the processing of a transaction for greater scrutiny or verification, including, but not limited to, suspending processing to review for suspected fraudulent activity, verification that Available Funds are sufficient as well as fully collected and valid, or for OFAC compliance in accordance with applicable OFAC guidance, and LendingClub shall be excused if this action causes delay in the settlement and/or availability of the transaction. In addition, LendingClub shall be excused from failing to transmit or delay in transmitting a payment, transfer or other use of the Service (i) if, in LendingClub's reasonable judgment, processing a payment, transfer or other use of the Service would violate or contribute to the violation of any present or future risk control program of the Federal Reserve or any applicable rule, law, regulation, or regulatory requirement; (ii) if LendingClub reasonably suspects that a transaction involves fraudulent activity or that Available Funds will not ultimately be sufficient to cover a transaction, or (iii) if processing a payment, transfer or other use of the Service, in LendingClub's sole discretion, would cause LendingClub to engage in an unsafe or unsound practice.
Cooperation in Loss Recovery Efforts.
In the event of any damages for which LendingClub or you may be liable to each other or to a third party pursuant to the Service provided under these Wire Terms and Conditions, LendingClub and you shall undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party.
You shall comply with all applicable laws, rules and regulations in connection with the Service. You agree to be bound by such rules, and agrees not to initiate or receive a wire transfer request or related instruction in violation of international, federal, state and local laws and regulations including, without limitation, the regulations promulgated by the Office of Foreign Asset Control (“OFAC”). To the extent permissible under applicable law, you shall be responsible for and shall fully indemnify Zeta and/or LendingClub for any and all fines, assessments and reasonable attorney’s fees incurred by or imposed on Zeta and/or LendingClub as a result of any infraction or violation of such rules caused by or attributable to you.
The parties may terminate these Wire Terms and Conditions in accordance with the terms and conditions of the parties’ Agreement. These Wire Terms and Conditions will automatically and immediately terminate if the parties’ Agreement terminates, or if the Joint Account upon which the Service is dependent is terminated. Any termination of these Wire Terms and Conditions shall not affect any of LendingClub's rights and your obligations with respect to wire requests or related instructions initiated by you prior to the effective time of such termination, or your payment obligations with respect to services performed hereunder by LendingClub prior to the effective time of such termination, or any other obligations that survive termination of these Wire Terms and Conditions. The provisions of these Wire Terms and Conditions that are necessary to give effect to the purposes of these Wire Terms and Conditions shall survive its termination.
In addition to the terms and conditions of the parties’ Agreement, the parties agree that if any payment order governed by these Wire Terms and Conditions is part of a funds transfer subject to the federal Electronic Funds Transfer Act, then all actions and disputes as between you, or any Third-Party Service Provider (as defined in the Agreement) acting on your behalf, and LendingClub shall be governed by Article 4A of the UCC, as varied by these Wire Terms and Conditions.
Delivery Deadlines / Cut-Off Times:
See the Cut-Off Times for Processing Deposits and Withdrawals for information on when wire transfers you initiate will be processed.
PART 4: TRUTH-IN-SAVINGS DISCLOSURE
Rate Information – Your interest rate and annual percentage yield may change.
Frequency of rate changes – We may change the interest rate on your account at any time.
Determination of rate – At our discretion, we may change the interest rate on your account.
Compounding and crediting frequency – Interest will be compounded every month. Interest will be credited to your account every month.
Effect of closing an account – If you close your account before interest is credited, you will not receive the accrued interest.
Minimum balance to open the account – There is no minimum balance requirement to open this account.
Minimum balance to obtain the annual percentage yield disclosed – You must maintain a minimum average daily balance of $0.01 to obtain the disclosed annual percentage yield. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the monthly statement cycle.
Average daily balance computation method – We use the average daily balance method to calculate the interest on your account. This method applies a periodic rate to the average daily balance in the account for the period. The average daily balance is calculated by adding the principal in the account for each day of the period and dividing that figure by the number of days in the period. The period we use is the monthly statement cycle.
Accrual of interest on non-cash deposits – Interest begins to accrue no later than the business day we receive credit for the deposit of non-cash items (for example, checks).
Please refer to our separate fee schedule for additional information about charges.
*Annual Percentage Yield (APY) accurate as of 08/04/2020. Minimum amount to open a Zeta Joint Checking account is $0.00. Rate of 0.138% applies to the entire balance. Rates may change after the account is opened. Fees may reduce earnings. Each co-owner of a joint account is insured by the FDIC up to $250,000 for the combined amount of his or her interests in all joint accounts at the same insured depository institution. In determining a co-owner’s interest in a joint account, the FDIC assumes each co-owner is an equal owner unless the insured depository institution records clearly indicate otherwise.
PART 5: FEE SCHEDULE
Fees effective as of 8/15/2020
Fees are subject to change at our discretion. We will provide you with notice of any changes where required by law. The most current fee schedule applicable to the Joint Cards Program, including the Joint Account, is also available at askzeta.com/fees.
PART 6: MOBILE BANKING AGREEMENT
When you open a Joint Account, you will be able to manage your Joint Account and Joint Cards, view your transaction history and other account information, perform certain transactions, and access various features of the Program using the Zeta Joint Account Mobile Application. This Agreement governs your use of the Mobile Application, as well as any transactions that you may initiate with and/or request from us through the Mobile Application (“Online Transactions”). You agree to be bound to the terms and conditions pertaining to the Mobile Application and the specific terms and conditions applicable to any other associated services that you elect to use as set out below.
Certain important terms applicable to all services of the Mobile Application, unless otherwise defined in this Agreement, are set out in the Mobile Banking Definitions section in this Agreement.
By proceeding to use the Mobile Application, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Mobile Banking, including any Online Transactions you initiate through the Mobile Application.
This portion of the Agreement describes the general features, terms and conditions of the Mobile Application.
WHO IS ELIGIBLE
You are eligible to use the Mobile Application if you maintain an open Joint Account and have executed this Agreement, and if we have otherwise approved your use of the Service, as described further below.
ACCESS AND MOBILE DEVICE REQUIREMENTS
To use the Mobile Application, you must have a mobile Internet-enabled access device (hereinafter referred to as a “Mobile Device”) that meets the following requirements:
For Apple devices: iOS 10.0 or later; 99.5MB in available space; compatible with iPhone, iPad, and iPod touch.
For Android devices: Android operating system 5.0 or later; 57M in available space.
You must also have access to the Internet and a valid email address. When you open a Joint Account, you will be given access to the Mobile Application as part of the account opening process. Your access to the Mobile Application, subject to other terms of this Agreement, enables you to use all features of the Mobile Application described in this Agreement, and access your Joint Account.
Subject to Applicable Law, and at our sole discretion, we reserve the right to modify, suspend, or terminate access to the Mobile Application at any time without notice or refund of previously incurred fees. You authorize us, at our election and as permitted by Applicable Law, directly or through an agent, to obtain your credit report in connection with your request for use of The Mobile Application and, in our sole discretion, thereafter from time to time, in connection with your use of the Service. We may limit your access to the Service or the dollar amount and/or frequency of your transfers and payments based on your credit report and/or review of other risk factors.
HOURS OF ACCESS
The Mobile Application and its features are generally available seven (7) days a week, twenty-four (24) hours a day. Some or all features of the Mobile Application may not be available from time to time due to problems arising in connection with transmissions over the Internet, as well as emergency or scheduled system maintenance. We will post a notice of any extended periods of non-availability through the Mobile Application.
BASIC FEATURES OF THE SERVICE
The basic features of the Mobile Application include:
View current balance and transaction information on your Joint Account;
View Joint Account history;
Perform certain External Transfers between your Joint Account and bank accounts at other financial institutions on either a one-time or recurring basis;
Perform self-service account maintenance such as requesting copies of monthly statements, and changing address and phone information;
Set-up account alerts;
Receive electronic account statements;
Send secure messages to us regarding the Program;
Use your Mobile Device to perform certain Mobile Banking Service functions;
Use your Mobile Device to deposit checks electronically;
Receive and/or View Account and Security Alerts: Receive certain Account and security alerts via SMS text message, and/or view such alerts via the Mobile Application;
Send Secure Messages to Us: Send secure messages to us regarding the Program; and
To find our ATMs and branch locations, and to “Get Help” for other questions and inquiries associated with The Mobile Application.
Some of the above features may not be available for certain customers or at all times. Additional information regarding some but not necessarily all of the above features is provided below.
Additional electronic banking services may be added by us from time to time in our sole discretion. By using these additional services when they become available, you agree to be bound by the terms and conditions associated with such services, as such terms and conditions are provided to you by us.
Registration and Access
You must be enrolled in The Mobile Application in order to transfer funds (“External Transfers”) between your Joint Account with us and accounts at other financial institutions (“External Account”). External Transfers are outbound and inbound transfers that move funds to or from your Joint Account with us to or from a registered External Account at another financial institution. An “Inbound” transfer moves funds into your Joint Account from an External Account you own at another financial institution. An “Outbound” transfer moves funds from your Joint Account to an External Account you own at another financial institution. You will need to register each External Account that you wish to use for External Transfers.
You agree that (i) you will only register eligible External Accounts on which you are an individual or joint owner, or for which you otherwise have the authority to transfer funds, and (ii) you will only use External Transfers for transferring funds between your Joint Account with us and registered External Accounts at other financial institutions.
Scheduling External Transfers
External Transfers can be scheduled (or initiated) on either a one-time basis or a recurring basis. One-time transfers may be scheduled to be sent immediately or scheduled to be sent on a future date. The recurring transfer feature may be used when a set amount is transferred at regular intervals. One-time future-dated or future recurring transfers scheduled for a weekend or a non-business day will be processed on the next business day. All other one-time future-dated and recurring transfers will be processed at the end of the business day requested. The cut-off time and delivery date of External Transfers is set forth in the Mobile Application and/or in this Agreement.
When Transfers are Debited/Credited to/from Your Account(s)
Transfers Initiated Before Cut-Off Time: Funds involving an External Transfer from your Account with us (Outbound) will be debited from your Joint Account and credited to the receiving non-LendingClub account on the next business day after you initiate the transfer. Funds involving Inbound transfers will be debited from the external, non-LendingClub account and credited to your Joint Account on the next business day after you initiate the transfer. Funds credited to Joint Account will not be available for use until the 2 business day following the day of credit. For accounts that are less than 30 days old, the provisional funds credited to your Joint Account may not be available until the 5th business day following the day of credit.
Transfers Initiated After Cut-Off Time: Funds involving an External Transfer from your Joint Account with Bank (Outbound) will be debited from your Joint Account and credited to the receiving external, non-LendingClub account on the second business day after you initiate the transfer. Funds involving Inbound transfers will be debited from the external, non-LendingClub account and credited to your Joint Account on the second business day after you initiate the transfer. The funds credited to Joint Account will not be available for use until the 2 business day following the day of credit. For accounts that are less than 30 days old, the funds credited to Joint Account will not be available until the 5th business day following the day of credit.
Canceling Scheduled Transfers
Future-dated External Transfers (either one-time or recurring) can be cancelled prior to the cut-off time set forth in the Mobile Application on the business day prior to the date the transfer is scheduled to be made. However, if the transfer’s status is processing, you can no longer cancel it.
There are no fees for External Transfers.
You agree that we may reduce the dollar limits on transfers as described in subsection (F) above, or terminate your eligibility to make future transfers (including canceling scheduled future transfers), in each case without prior notice (other than any notice required by Applicable Law), upon occurrence of a Disqualifying Event. Each of the following is a “Disqualifying Event”:
Any of your Accounts with us are not current or are not in good standing.
You have had an overdraft, an over-limit item, or an item returned for insufficient funds with respect to any Account with us during the current or three (3) prior calendar months.
You have had any prior External Transfer involving accounts at other financial institutions cancelled, revoked, or not completed due to insufficient funds, revoked authorization, stopped payments, frozen accounts, or any similar reason.
You attempt to use External Transfers to transfer funds between your eligible consumer Accounts with certain non – consumer accounts at other financial institutions, or to transfer funds between your eligible business Accounts with certain non – business accounts at other financial institutions.
We suspect fraud or unauthorized use has or may occur with respect to your Account(s) with us or with respect to any External Transfer(s).
External Transfers and Available Funds
You agree to have Available Funds on deposit in the Account you have designated in amounts sufficient to pay for all External Transfers requested, as well as any other payment obligations you have to us. If External Transfers process against any uncollected deposit, uncollected balance or otherwise insufficient Available Funds in your Account, YOUR ACCOUNT WILL BE ASSESSED AND CHARGED THE APPROPRIATE OVERDRAFT, UNCOLLECTED OR RETURNED ITEM INSUFFICIENT CHARGES. See our current Fee Schedule for the current amounts of these charges.
Use of SMS Messages
Certain features of the Mobile Application may utilize short message service (“SMS”) messaging (i.e. text messages), for example, to provide you with alerts concerning your Joint Account or to initiate certain transactions. You are solely responsible for the content of and the mis-delivery of any SMS text messages that you send to us. You agree to provide accurate source indication (i.e. the Mobile Device’s mobile phone number for SMS messages) of any SMS messages sent by you. YOU ACKNOWLEDGE THAT THESE MESSAGES MAY INCLUDE INFORMATION THAT IS CONSIDERED CONFIDENTIAL UNDER FEDERAL AND STATE LAW, AND SOMEONE WHO HAS ACCESS TO YOUR SMS HISTORY OR EMAIL ACCOUNT MAY BE ABLE TO VIEW THE CONTENT.
Mobile Device Limitations.
Some features of the Mobile Application or certain Online Transactions may not be available on all types of Mobile Devices. You also understand and agree that the Mobile Banking Service may not be accessible or may have limited utility over some mobile networks, such as while roaming.
Standard Messaging Service Charges
Any fees and charges that may apply to the Mobile Application will be set forth in our Fee Schedule and are separate and apart from any other charges that may be assessed by the provider of your mobile communication services (“Carrier”) for text messages sent to or from us. You understand that the standard data and text messaging rates charged by the Carrier providing service for your Mobile Device apply when you use your Mobile Device to use the Mobile Application.
You represent and agree to the following by enrolling in or using the Mobile Application:
Account Ownership/Accurate Information. You represent that you are the legal owner of the Joint Account, External Accounts, and other financial information which may be accessed via the Mobile Application. You represent and agree that all information you provide to us in connection with the Mobile Application is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile Application. You agree not to misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
User Security. You agree to take every precaution to ensure the safety, security and integrity of your Account and transactions when using the Mobile Application. You agree not to leave your Mobile Device unattended while logged into the Mobile Application and to log off immediately at the completion of each access by you. You agree not to provide your Login ID, password or other access information to any unauthorized person. If you permit other persons to use your Mobile Device, login information, or other means to access the Mobile Banking Service, you are responsible for any transactions they authorize. We will not be liable for any damages resulting from your failure to follow the above precautions. You agree not to use any personally identifiable information when creating shortcuts to your Account. We make no representation that any content or use of the Mobile Application is available for use in locations outside of the United States. Accessing the Mobile Application from locations outside of the United States is at your own risk.
User Conduct. You agree not to use the Mobile Application or the content or information delivered through the Mobile Application in any way that would: (a) infringe any third-party copyright, patent, trademark, trade secret or other proprietary rights or rights of privacy, including any rights in any software associated with the Mobile Application; (b) be fraudulent or involve the sale of counterfeit or stolen items, including, but not limited to, use of the Mobile Application to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) be false, misleading or inaccurate; (e) create liability for us or our affiliates or service providers, or cause us to lose (in whole or in part) the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to the Mobile Application; (i) interfere with or disrupt the use of the Mobile Application by any other user; or (j) use the Mobile Application in such a manner as to gain unauthorized entry or access to the computer systems of others.
OPTIONAL ACCOUNT ALERTS
The Mobile Application may provide optional, voluntary account and security alerts associated with certain modules of the Mobile Application that may be activated upon opening a Joint Account. We may add new alerts from time to time, or cancel old alerts. Each alert has different options available, and you may select from among these options upon activation of your alerts service.
Voluntary alerts are subject to the following:
Electronic alerts will be sent to the phone number(s), email address(es) or Mobile Device(s) identified by you via Mobile Application. If your phone number(s), email address(es) or Mobile Device(s) changes, you are responsible for updating that information via the Mobile Application, and such change(s) will apply to all of your alerts.
You understand and agree that your alerts may be delayed or prevented by a variety of factors. We will use commercially reasonable efforts to provide alerts in a timely manner with accurate information. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert. You agree that we are not responsible for any costs or fees incurred as a result of alerts directed by you.
Alerts are not encrypted. We will never include your Login ID or password or full Joint Account number. However, alerts may include your name and some information about your Joint Account, depending upon your selection of specified alerts.
Alerts may be sent to both you and the co-owner of the account.
MOBILE REMOTE DEPOSIT CAPTURE SERVICE
The Mobile Remote Deposit Capture Service (“Mobile Deposit”) is designed to allow you to make deposits of paper checks (“Original Checks”) to your Joint Account from home or other remote locations by using your eligible camera-enabled Mobile Device to capture images of the Original Checks and transmitting the digital images and associated deposit information (“Images”) to us or our third party processor (“Processor”) with your Mobile Device.
In order to use Mobile Deposit, you must: (a) have a Joint Account with us, (b) have an eligible Mobile Device, and (c) be a user of the Mobile Application. Only certain camera-enabled Mobile Devices may be used with Mobile Deposit, as specified by us from time to time. The enrollment process may require you to provide information about the Mobile Device that you will use for Mobile Deposit, as well as the telephone number for your Mobile Device, the telecommunications carrier that provides service to your Mobile Device, and your email address. Use of Mobile Deposit requires identification of your banking relationship with us as well as verification of your Mobile Device. If you use a handheld mobile device other than your Mobile Device to access Mobile Deposit, any short message service (“SMS”) text messages originating from Mobile Deposit will be sent to the Mobile Device you entered and verified when registering for Mobile Deposit. It is your responsibility to provide us with accurate, complete and current information about you and your Mobile Device (including its telephone number, the telecommunications carrier, and your email address), and to notify us immediately if any of this information changes or if service to your Mobile Device is terminated. We reserve the right to refuse or cancel your registration for Mobile Deposit if we cannot verify information about you and/or your Mobile Device.
Charges for Mobile Deposit
While we currently do not charge for Mobile Deposit, you agree to pay for any future charges we may assess for Mobile Deposit in accordance with our current Fee Schedule, as amended from time to time, or you may elect to terminate Mobile Deposit. We will advise you of any fee changes prior to implementing them to the extent and as required by applicable law. You authorize us to automatically charge your primary checking Account for all such fees incurred in connection with Mobile Deposit. In the future, we may add to or enhance the features of Mobile Deposit. By using such added or enhanced features, you agree to pay for them in accordance with our Fee Schedule.
You hereby agree that you will only scan and deposit a check(s) as that term is defined in Federal Reserve Board Regulation CC (“Reg CC”). You agree that the Image of the check that is transmitted to the Bank (each such check and other item is referred to in this section as a “Check” and, if more than one, “Checks”) shall be deemed an “item” within the meaning of Article 4 of the Uniform Commercial Code of the Commonwealth of Massachusetts. You also acknowledge and agree that Mobile Deposits that you make using this service are not “Electronic Fund Transfers” as that term is defined in Bureau of Consumer Financial Protection Regulation E.
You further agree that you will not use Mobile Deposit to deposit any Checks or other items (considered ineligible or “Prohibited Checks”) that:
are payable to any person or entity other than yourself or otherwise to the owner of the account that the item is being deposited into;
are drawn, or otherwise issued, by you on any of your Mobile Deposit Accounts maintained at another financial institution;
are prohibited by the Bank’s then current procedures pertaining to Mobile Deposit or are in violation of any law, rule or regulation;
you know or suspect, or should know or suspect, are altered on the front of the item, fraudulent or otherwise not authorized by the owner of the Mobile Deposit Account on which the Checks are drawn;
have not been previously endorsed by a bank and are either “substitute checks” (as defined in Reg CC or other applicable federal law or regulation) or “image replacement documents” that purport to be substitute checks, without Bank’s prior written consent;
are drawn on financial institutions that are located outside of the United States or Territories of the United States;
are payable jointly, unless deposited into a deposit Account in the name of all payees;
are remotely created checks, as defined in Reg. CC, or are remotely created payment orders;
are not payable in United States currency;
are dated more than six (6) months prior to the date of deposit;
have any endorsement on the back other than that specified in this section;
have previously been submitted through Mobile Deposit or through a remote deposit capture service offered at any other financial institution;
money orders; or
are not acceptable to the Bank for deposit into a deposit Account as provided in the Account Agreement.
If you deposit a Prohibited Check, you agree to indemnify and reimburse the Bank for, and hold the Zeta and/or the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) that Zeta and/or the Bank may incur associated with any warrant, indemnity or other claim related thereto. Furthermore, if, after first having obtained the Bank’s written consent to do so, you provide the Bank with an electronic representation of a substitute Check for deposit into a Mobile Deposit Account instead of an Original Check, you agree to indemnify and reimburse Zeta and/or the Bank for, and hold Zeta and/or the Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys’ fees) Zeta and/or the Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments.
You understand you must, and hereby agree, at your sole cost and expense, to use a Mobile Device that meets all technical requirements for the proper delivery of Mobile Deposit and that fulfills your obligation to obtain and maintain secure access to the Internet. You understand and agree you may also incur, and shall pay, any and all expenses related to the use of Mobile Deposit, including, but not limited to, telephone service or Internet service charges. You are solely responsible for the payment of any and all costs and expenses associated with meeting and maintaining all technical requirements and additional items necessary for the proper use of Mobile Deposit. You understand and agree that you are solely responsible for the operation, maintenance and updating of all equipment, software and services used in connection with Mobile Deposit and the cost thereof, and you hereby agree that you will perform, or cause to be performed, all vendor recommended maintenance, repairs, upgrades and replacements. Zeta and/or the Bank is not responsible for, and you hereby release Zeta and/or the Bank from, any and all claims or damages resulting from, or related to, any computer virus or related problems that may be associated with using electronic mail or the Internet. Zeta and/or the Bank is not responsible for, and you hereby release Zeta and/or the Bank from, any and all claims or damages resulting from, or related to, defects in or malfunctions of your Mobile Device and/or any associated hardware or software, or failures of or interruptions in any electrical, telephone or Internet services. Zeta and/or the Bank hereby advises you, and you hereby agree to scan its Mobile Device and/or any associated hardware or software on a regular basis using a reliable virus detection product in order to detect and remove viruses.
Each Image must provide all information on the front and back of the Original Check at the time presented to you by the drawer, including, but not limited to, information about the drawer and the paying bank that is preprinted on the Original Check, MICR information, signature(s), any required identification written on the front of the Original Check and any endorsements applied to the back of the Original Check. The image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house or association.
Endorsements must be made on the back of the Check within 1 ½ inches from the top edge, although we may accept endorsements outside this space. Your endorsement must include your signature and your Account number and “FOR MOBILE DEPOSIT” or as otherwise specified by us from time to time. Any loss we incur from a delay or processing error resulting from an irregular endorsement or other markings by you will be your responsibility.
A Check payable to two payees must be endorsed by both payees. If the Check is payable to you or your joint owner, either of you can endorse it. If the Check is made payable to you and your joint owner, both of you must endorse the Check and it must be deposited into a Deposit Account owned by both of you.
Receipt of Deposit
All Images processed for deposit through Mobile Deposit will be treated as “deposits” under this Agreement. When we receive an Image, we will attempt to confirm receipt via a confirmation email to you if you have elected this option and provided us with your email address when you make the deposit. We shall not be deemed to have received the Image for deposit until we have confirmed receipt. Confirmation does not mean that the Image contains no errors. Notwithstanding the fact that we have accepted a Mobile Deposit for processing, any credit made to your Mobile Deposit Account shall be provisional, and you shall remain liable to us for any errors, inaccuracies, breach of warranties and any other loss sustained by, or claim made against us.
We shall have no liability to you for the rejection of a Mobile Deposit or the Images or other information contained therein or for our failure to notify you of such rejection. We are not responsible for any Image that we do not receive.
Following receipt, we may process the Image by preparing a “substitute check” or clearing the item as an Image.
We reserve the right, at our sole and absolute discretion, to reject any Image for remote deposit into your Mobile Deposit Account. We will notify you of rejected Images by phone, email or other means.
Retention of Original Checks
After you receive confirmation that we have received an Image, you must securely store the Original Check for 3 days after transmission to us and make the Original Check accessible to us at our request. Upon our request from time to time, you will deliver to us within two (2) business days, at your expense, the requested Original Check in your possession. If not provided in a timely manner, such amount will be reversed from your Mobile Deposit Account. Promptly after such period expires, you must destroy the Original Check by first marking it “VOID” and then destroying it by cross-cut shredding or another commercially acceptable means of destruction. After destruction of an Original Check, the Image will be the sole evidence of the Original Check.
You agree that you will never deposit the Original Check or present the Original Check to us or anyone else for payment. You understand that you are responsible if anyone is asked to make a payment based on an Original Check that has already been paid.
Any credit to your Mobile Deposit Account for Checks deposited using Mobile Deposit is Provisional. As used herein, “Provisional” means that the credit is made to your Mobile Deposit Account subject to final payment of the Checks and subject to the terms of this Agreement. If Original Checks deposited through Mobile Deposit are dishonored, rejected or otherwise returned unpaid by the drawee bank, or are rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the Image, you agree that an Original Check will not be returned to you, but that we may charge back the amount of the Original Check and provide you with an Image of the Original Check, a paper reproduction of the Original Check or a substitute check. You will reimburse us for all loss, cost, damage or expense caused by or relating to the processing of the returned item. Without our approval, you shall not attempt to deposit or otherwise negotiate an Original Check if it has been charged back to you.
We may debit any of your Accounts to obtain payment for any item that has been rejected or returned, for any adjustment related to such item or for any warranty claim related to such item, whether or not the rejection, return, adjustment or warranty claim was made timely.
You make the following warranties and representations with respect to each Image:
Each Image is a true and accurate rendition of the front and back of the Original Check, without any alteration, and the drawer of the Check has no defense against payment of the Check.
The amount, payee(s), signature(s), and endorsement(s) on the Image and on the Original Check are legible, genuine, and accurate.
You will not deposit or otherwise endorse to a third party the Original Check and no person will receive a transfer, presentment, or return of, or otherwise be charged for, the Original Check or a paper or electronic representation of the Original Check such that the person will be asked to make payment based on an item that has already been paid.
There are no other duplicate Images of the Original Check.
The Original Check was authorized by the drawer in the amount stated on the Original Check and to the payee(s) stated on the Original Check.
You are authorized to enforce and obtain payment of the Original Check.
You have possession of the Original Check and no party will submit the Original Check for payment.
With respect to each Image, you make to us all representations and warranties that we make or are deemed to make to any party pursuant to law, regulation or clearinghouse rule. You agree that files and Images transmitted to us will contain no viruses or any other disabling features that may have an adverse impact on our network, data, or related systems.
Compliance with Law
You will use Mobile Deposit for lawful purposes and in compliance with all applicable laws, rules and regulations. You agree to comply with all existing and future operating procedures used by the Bank for processing of transactions. You further agree to comply with, and be bound by, all applicable state or federal laws, rules, regulations, orders, guidelines, operating circulars and pronouncements, affecting Checks and items, including, but not limited to, all rules and procedural guidelines established by the Board of Governors of the Federal Reserve and any clearinghouse or other organization in which Bank is a member or to which rules Bank has agreed to be bound. These procedures, rules, and regulations (collectively the “Rules”) and laws are incorporated herein by reference. In the event of conflict between the terms of this section and the Rules, the Rules will control.
Mobile Deposit Unavailability
Mobile Deposit may be unavailable temporarily due to system maintenance or technical difficulties, including those of the Internet service provider, cellular service provider and Internet software. You hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature you sustain as the result of your inability to use the Mobile Deposit.
Mobile Deposit Funds Availability
Mobile Deposits confirmed as received before the applicable cut-off time on Monday through Friday will be considered deposited on that day. Mobile Deposits confirmed as received after the cut-off time and deposits confirmed received on a Saturday, Sunday or holiday at any time will be considered deposited on the next business day. See the Cut-Off Times for Processing Deposits and Withdrawals for information concerning cut-off times applicable to Mobile Deposits. Funds from Mobile Deposits will generally be available to you in accordance with our standard funds availability policy. The Bank may make such funds available sooner based on such factors as credit worthiness, the length and extent of your relationship with us, transaction and experience information, and such other factors at the Bank’s sole discretion.
Mobile Deposit Security
You will complete each deposit promptly. If you are unable to complete your deposit promptly, you will ensure that your Mobile Device remains securely in your possession until the deposit has been completed. It is your responsibility to establish and maintain procedures to safeguard against unauthorized deposits. By using Mobile Deposit, you accept the risk that an item deposited through Mobile Deposit will be intercepted or misdirected during transmission. Zeta and/or the Bank bears no liability to you or others for any such intercepted or misdirected items or information disclosed through such transmission errors.
You are solely responsible for the quality, completeness, accuracy, validity and integrity of the Image. You are solely responsible if you, intentionally or unintentionally, submit fraudulent, incorrect or illegible Image to us or if Mobile Deposit is used, by authorized or unauthorized persons, to submit fraudulent, unauthorized, inaccurate, incorrect or otherwise improper or unusable Images to us.
You agree to notify us of any suspected errors regarding items deposited through the Service right away, and in no event later than 60 days after the applicable Account statement is sent or otherwise made available. Unless you notify us within 60 days, such statement regarding all deposits made through Mobile Deposit shall be deemed correct, and you are precluded from bringing a claim against Zeta and/or the Bank for such alleged error.
Your Indemnification Obligation
You understand and agree that you are required to indemnify us and hold us harmless, including our affiliates, officers, employees and agents against any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and expenses arising from your use of Mobile Deposit and/or breach of this section. You understand and agree that this paragraph shall survive the termination of this Agreement.
You also understand and agree that you are required to indemnify Zeta, our technology partners or Processor, and hold harmless our Processor from and against any third party claims, suits, proceedings, actions or demands, including claims of another financial institution, business entity or governmental authority, and all losses, liabilities, damages, fines, penalties, costs and expenses, including court costs and reasonable attorneys’ fees and expenses, arising from such claims, to the extent such claim is related to the Bank or your use of Mobile Deposit, our Processor’s applications, unless such claim directly results from an action or omission made by our Processor in bad faith. You understand and agree that this paragraph shall survive the termination of this Agreement.
Cooperation with Investigation
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of items deposited through Mobile Deposit in your possession and your records relating to such items and transmissions.
Ownership and License
You agree that Zeta and/or the Bank and/or its service provider(s) retain all ownership and proprietary rights in Mobile Deposit, associated content, technology and website(s). Your use of Mobile Deposit is subject to and conditioned upon your complete compliance with this Agreement. Without limiting the effect of the foregoing, your breach of this section or the Agreement immediately terminates your right to use Mobile Deposit. Without limiting the restriction of the foregoing, you agree that you will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the technology or Mobile Deposit, copy or reproduce all or any part of the technology or Mobile Deposit; or interfere, or attempt to interfere, with the technology or Mobile Deposit. We and our technology partners or Processor retain all rights, title and interests in and to Mobile Deposit, software and developments made available to you.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF MOBILE DEPOSIT AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF MOBILE DEPOSIT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT MOBILE DEPOSIT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN MOBILE DEPOSIT OR TECHNOLOGY WILL BE CORRECTED.
Suspension and Termination
In addition to any other provision in this Agreement, the Bank may, in their sole discretion and without prior notice to you unless otherwise required by Applicable Law, elect to suspend or terminate your use of Mobile Deposit (i) if you or we close the Joint Account established in connection with Mobile Deposit, (ii) if we reasonably suspect that you have engaged in fraud or other abuse with regard to Mobile Deposit, (iii) in the event of a material breach in the performance or observance of any term, or breach of any representation or warranty, by you, (iv) if we believe immediate action is required for the security of your or the Bank’s funds, or (vi) if we reasonably believe that the continued provision of Mobile Deposit would violate federal, state or local laws or regulations, or would subject the Bank to unacceptable risk of loss. Notwithstanding any termination, this section and the Agreement shall remain in full force and effect with respect to all transactions initiated prior to such termination.
YOUR LOGIN ID, PASSWORD AND OTHER SECURITY PROCEDURES
When you open a Joint Account, you will be required to establish a Login ID, a password, and a PIN number. You must use the Login ID and password each time you log-in to use the Mobile Application. Once you are logged in, you must use your Mobile Application PIN to access the Mobile Application after periods of inactivity. We may also allow you to use biometric authentication to access the Mobile Application, such as facial recognition or your fingerprints. You agree that we may rely on your Login ID, password, PIN and/or biometric authentication, as further described below and as we may modify in our sole and exclusive discretion from time to time, to identify and authenticate you when you use the Mobile Application (hereinafter, collectively the “Security Procedures”). You agree to protect the Security Procedures to prevent unauthorized use.
The following Security Procedures apply to access by all customers, except as otherwise expressly provided. The Bank may issue new Security Procedures and/or cancel or change any Security Procedures from time to time.
Except as may otherwise be noted, the following Security Procedures are required for all Zeta Joint Card customers:
Login ID: This is the electronic identification (in letters, numerals and special characters) associated with each user of the Mobile Application that will be used for log-in.
Password: Each user of the Mobile Application will also be required to have a unique password known only to the user. Passwords are case-sensitive and must meet certain requirements including but not limited to minimum and maximum length and types of characters, as further described in the Mobile Application. Each user is strongly recommended to change his or her individual password at least every 180 days for security purposes. Login IDs and individual passwords may not be shared with any other person or entity.
Enhanced Log-in Security: In addition to the above individual Login IDs and passwords, access to the Mobile Application includes, as part of the security procedures, a multi-factor authentication security procedure at log-in for each user. Enhanced log-in security incorporates an additional multi-part credential for each user of the Mobile Application of identity authentication that may include, but is not limited to, additional log-in security features such as security cookies, flash objects, and one-time pass-codes. The enhanced log-in security will require each user of the Mobile Application to establish and utilize, in addition to individual Login IDs and passwords, his/her own individual authentication by selecting a preferred out-of-band delivery channel for one-time pass-codes that may be required from time to time at log-in. These log-in pass-codes may be delivered to users via email or such other method that Zeta and/or the Bank may offer from time to time, including but not limited to delivery to a designated phone or Mobile Device, as applicable, either by voicemail or SMS text.
Mobile Application PIN: This is a four-digit numeric code (like an ATM PIN) that is set-up by you during enrollment to be used to access the Mobile Application after periods of inactivity. Your Mobile Application PIN may also be required for certain Mobile Application activities and transactions.
Biometric Authentication: We may also allow you to use biometric authentication to quickly access the Mobile Application. Biometric authentication utilizes facial maps and/or your fingerprints registered on your Mobile Device in lieu of your Login ID, password, and/or Mobile Application PIN. You understand that when using biometric authentication, any facial map or fingerprint data stored on your Mobile Device can be used to access the Mobile Application and your Joint Accounts. You should therefore ensure that your Mobile Device only stores your facial map and/or fingerprints, and will not store anyone else’s biometric data. You also understand that biometric authentication is performed by the biometric authentication module of your Mobile Device, and not by Zeta or the Bank. If you have any questions about the security of the biometric authentication module of your Mobile Device, please contact the supplier or manufacturer of your Mobile Device.
Additional Strongly Recommended Security Procedures: From time to time and as applicable, Zeta and/or the Bank may make available additional Security Procedures for use with the Mobile Application. Zeta and/or the Bank strongly recommends the use of these additional Security Procedures to help deter and protect against unauthorized transactions associated with the Services, including the following:
Alerts: As further described in this Agreement, Zeta and/or the Bank provides optional Joint Account and security alerts that you may elect to use. Alerts may be set up to notify you of key transactions or when other important activity has occurred. Additional details about Mobile Application alerts are available through the Mobile Application.
We will execute authenticated transfers or transactions that are in conformity with all Security Procedures and other requirements set forth in this Agreement. We may require additional authentication of any transfer or transaction request. We reserve the right to reject a transfer or transaction request that cannot be properly authenticated.
Except as is more fully discussed in this Agreement, you understand and agree that you are responsible for all transfers and payments made through the Mobile Application using the Security Procedures. You also acknowledge and agree that if you permit another party(ies) to use the Security Procedures to access the Mobile Application, or otherwise authorize them to use the Mobile Application, you are responsible for any and all Online Transactions that party(ies) makes from your Joint Account, even if it exceeds your authorization. Subject to the terms of this Agreement, we may follow and comply with any transfer instructions entered into the Mobile Application using the Security Procedures.
You acknowledge and understand the importance of your role in preventing misuse of your Joint Account through Mobile Application. You agree that it is your sole responsibility to protect the confidentiality of your Joint Account and account number, the Security Procedures, and your personal identification information, such as your driver’s license number and social security or tax identification number. We will not be liable to you for any losses that may result from your failure to follow these security provisions.
You understand that personal identification information, by itself or together with information related to your Joint Account, may allow unauthorized entry and access to your Joint Account. Data transferred via the Mobile Application is encrypted in an effort to provide transmission security, and the Mobile Application utilizes identification technology to verify that the sender and receiver of Mobile Application transmissions can be appropriately identified by each other.
We will never email you to request your Login ID, password, Mobile Application PIN, or your personal Joint Account information over the Internet. If you suspect that an unsolicited email of this nature is fraudulent, please contact us.
FEES AND CHARGES
You agree to pay the fees and charges for your use of the Mobile Application as set forth in the Fee Schedule as it may be amended from time to time with notice to you as required by Applicable Law. You agree that all such fees and charges will be deducted from the Joint Account. You agree to pay any and all additional charges for services you request which are not covered by this Agreement. You are also responsible for telephone and Internet service fees you incur in connection with your use of the Mobile Application.
YOUR COMMUNICATIONS WITH ZETA AND/OR LENDINGCLUB BANK
Unless this Agreement provides otherwise, you can communicate with us in any one of the following ways:
Email: You can contact us by email at email@example.com.
Telephone: You may contact us by telephone at our phone number 650.480.1908.
Secure Chat: You can chat with us using the in-application Zeta secure messaging
You and we agree to comply with (i) the Agreement, and (ii) all Applicable Laws, regulations, rules and orders, including without limitation all applicable National Automated Clearing House Association (“NACHA”) rules, regulations, and policies, the Uniform Commercial Code (“UCC”), the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”) requirements, and all applicable laws, regulations and orders administered by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”).
RISK-BASED TRANSACTION LIMITS
You will, upon request by us from time to time, provide us with such financial information and statements and such other documentation as we reasonably determine to be necessary or appropriate showing your financial condition, as applicable, to enable us to evaluate our exposure or risk and establish any transaction limits that may apply for your use of the Service. Any limits established by us hereunder shall be made in our sole discretion and shall be communicated promptly to you.
In the event that providing the Service to you results in unacceptable credit exposure or other risk to us or will cause us to violate any law, regulation, rule or order to which we are subject, we may, in our sole and exclusive discretion, without prior notice or as otherwise required by Applicable Law, further limit your transaction volume or dollar amount and refuse to execute transactions that exceed any such limit, or we may terminate any or all of the Service then being provided to you.
OUR THIRD PARTIES
You acknowledge that certain third parties, agents or independent service providers (hereinafter “Third Parties”) may, from time to time, provide services (“Third Party Services”) to us in connection with our provision of the Mobile Application to you and that, accordingly, our ability to provide the Mobile Application hereunder may be contingent upon the continuing availability of certain services from such Third Parties. Third Party Services may involve the processing and/or transmission of your data, instructions (oral or written) and funds. You agree that we may disclose your financial information to such Third Parties (i) where it is necessary to provide the Service requested; (ii) in order to comply with laws, government agency rules or orders, court orders, subpoenas or other legal process or in order to give information to any government agency or official having legal authority to request such information; (iii) when you give your written permission; or (iv) where otherwise required or permitted by Applicable Law.
We will be responsible for the acts and omissions of our Third Parties in the same manner as if we had performed that portion of the Service ourselves, and no claim may be brought by you against such Third Parties. Notwithstanding the foregoing, any claims against us (with respect to the acts or omissions of our Third Parties) or our Third Parties shall be subject to the limitations of liability set forth in this Agreement to the same extent as if we had performed that portion of the Service ourselves. We will not be deemed to be the agent of or responsible for the acts or omissions of any person (other than our Third Parties), however, and no such person shall be deemed our agent.
YOUR RIGHT TO TERMINATE
You may cancel or terminate your use of the Mobile Application at any time by providing us with written notice by Zeta in-application secure messaging or email at firstname.lastname@example.org. Your access to the Mobile Application will be suspended within three (3) business days of our receipt of your instructions to cancel the Mobile Application. You will remain responsible for all outstanding fees and charges incurred through the date of cancellation. Cancellation of your access to the Mobile Application will result in the closure of your Joint Account and any associated debit cards.
If you choose to cancel your access to the Mobile Application, any unprocessed transfers will be cancelled. We recommend that you cancel any scheduled transfers prior to notifying us that you are discontinuing your access. We normally will cancel any scheduled transfers within two (2) business days from the date we receive your request to cancel your access to the Service. However, we are not responsible for transfers made pursuant to instructions received from you before your cancellation request was received.
If you close your Joint Account, your access to the Service will automatically be discontinued, and we reserve the right to cancel any unprocessed transfers at the time of such discontinuation of your Mobile Application access.
OUR RIGHT TO TERMINATE
We reserve the right to terminate or suspend your use of the Mobile Application or any feature of the Mobile Application for any reason, at any time. We will provide you with notice of such termination to the extent required by Applicable Law.
CHANGE IN TERMS
We may change the terms governing your use of the Mobile Application, including the terms of this Agreement or the fees and charges associated with the Mobile Application and/or any policy or procedure affecting your use of the Mobile Application, at any time. We will provide you with notice of such changes when and as required by Applicable Law. All changes will be effective upon the date provided in the notice. However, if the change is in your favor (such as the termination or reduction of a fee), we may provide you notice of the change after it is effective. We will post any required notice of the change in terms on Zeta’s website or forward it to you by email or by postal mail, or as otherwise required by Applicable Law. Your continued use of any or all of the subject Mobile Application service(s) indicates your acceptance of the change in terms. We reserve the right to waive, reduce or reserve charges or fees in individual situations.
Because normal Internet email transmissions may not be secure, you agree to log into the Service and contact us electronically only through any secure messaging service that we may make available to you, such as the Zeta in-application secure messaging function, for any inquiries or requests that you may have regarding your Accounts. We cannot otherwise act on instructions sent by you from an external email address except through the secure messaging service that we make available to you through the Service.
We will not immediately receive email that you send. Therefore, you should not rely on email if you need to communicate with us immediately (for example, to report a lost or stolen ATM or debit card and/or password, to report an unauthorized transaction from one of your Deposit Accounts, or to report an error on your statement). We will not take actions based on your email requests until we actually receive your message and have a reasonable opportunity to act.
HYPERLINKS TO OTHER SITES
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, YOU EXPRESSLY AGREE THAT USE OF THE MOBILE APPLICATION IS AT YOUR SOLE RISK, AND THE MOBILE APPLICATION IS PROVIDED “AS IS.” WE AND OUR SERVICE PROVIDERS AND AGENTS DO NOT MAKE AND EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR THAT THE MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE, WITHOUT BREACHES OF SECURITY OR WITHOUT DELAYS. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE LIABILITY OF US AND OUR SERVICE PROVIDERS AND AGENTS IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.
ADDITIONAL LIMITS ON LIABILITY
Except to the extent required or provided in this Agreement or by Applicable Law, or as otherwise expressly provided in this Agreement, we shall not be liable for any Losses caused by any act or omission of any third party; for any charges imposed by any third party; or for any Losses caused by any failure of the hardware or software utilized by a third party to provide the Mobile Application to you.
We shall not be liable or responsible for damages incurred as a result of data supplied by you that is inaccurate, incomplete, not current or lost in transmission. It is understood that we assume no liability or responsibility for the inaccuracy, incompleteness or incorrectness of data as a result of such data having been supplied by you through data transmission.
We are not liable for failing to act sooner than required by this Agreement or Applicable Law. We also have no liability for failing to take action if we had discretion not to act.
We shall not be responsible for your acts or omissions (including, without limitation, the amount, accuracy, timeliness of transmittal or due authorization of any entry, funds transfer order or other instruction received from you) or the acts or omissions of any other person, including, without limitation, any Automated Clearing House processor, any Federal Reserve Bank, any financial institution or bank, any transmission or communication facility, any receiver or receiving depository financial institution, including, without limitation, the return of an entry or rejection of a funds transfer order by such receiver or receiving depository financial institutions, and no such person shall be deemed our agent. We shall be excused from failing to transmit or delay in transmitting an entry or funds transfer order if such transmittal would result in our having exceeded any limitation upon its intra-day net funds position established pursuant to Federal Reserve guidelines or otherwise violating any provision of any risk control program of the Federal Reserve or any rule or regulation of any other U.S. governmental regulatory authority. In no event shall we be liable for any damages resulting from our action or inaction which is consistent with regulations issued by the Board of Governors of the Federal Reserve System, operating circulars issued by a Federal Reserve Bank or general banking customs and usage. To the extent required by applicable laws, we will compensate you for loss of interest on funds as a direct result of our failure to comply with such laws in executing electronic transfers of funds, if such failure was within our control.
Neither we nor our Third Parties are responsible for any electronic virus that you may encounter using the Mobile Application. You are encouraged to routinely scan your Mobile Device and files using reliable virus protection products to detect and remove viruses. If undetected and un-repaired, a virus can corrupt and destroy your programs, files and hardware.
In our sole discretion, we may follow your instructions concerning your use of the Mobile Application, whether such instructions are provided by you in writing, electronically, orally (including our recording of your oral instructions) or by other means, and we may do so without any liability to you. We reserve the right to refuse to follow any instructions that you give us that we believe may expose us to potential liability. We will not have any liability to you if we do not follow your instructions in these situations. If, however, we decide to follow your instructions in these situations, we reserve the right to ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us.
Certain terms used in this Agreement are defined in the portion of this Agreement where they are used. The following terms are also used throughout this Agreement and have the meanings indicated below, unless otherwise specified in a particular section of this Agreement:
“Applicable Law” means federal laws and regulations and, to the extent not preempted by federal law, the laws of the Commonwealth of Massachusetts.
“Available Funds” means the balance in a Deposit Account, which includes collected funds on deposit plus any overdraft credit line balance associated with the Deposit Account.
“Computer” means your computer or other Internet access device, any software, and the related equipment.
“Consumer” means a natural person that uses the Service for personal, family or household purposes.
“Electronic Funds Transfer” (or “EFT”) are used as defined in the Electronic Funds Transfer Act and Bureau of Consumer Financial Protection Regulation E to mean an electronic transfer of funds initiated by a computer or similar device to or from a consumer’s Deposit Account, such as transfers through the Mobile Application.
“Losses” means any and all kinds of claims, fines, penalties, fees, costs, expenses, damages and liabilities including (without limitation) attorneys’ fees and litigation costs.
“Process Date” means, for the purposes of external transfers, the date that we originate transfer payments on your account. This is typically 1-2 business days prior to you receiving a credit or debit on your account at another financial institution.
PART 7: OTHER TERMS AND CONDITIONS
DISCLOSURE OF INFORMATION
Any notice that you give to us is effective only once it is actually received. If you have been instructed to use a specific address for a certain type of notice, it must be received by us at that address to be effective.
You authorize us to, and you agree that we may, except to the extent prohibited or limited by Applicable Law, send any notice or communication that we are required or permitted to give to you under this Agreement, including but not limited to notice of any change to the Mobile Application or this Agreement, to your mailing address or your email address as it appears on our records or electronically by posting the notice on Zeta’s website, on a Joint Account statement or via facsimile and that any such notice or communication will be effective and deemed delivered when provided to you in such a manner. You agree to notify us promptly about any change in your mailing or email address and acknowledge and agree that no such change will be effective until we have had a reasonable opportunity to act upon such notice. You agree that we may consider any such notice or communication as being given to all Joint Account owners when such notice or communication is given to any one Joint Account owner.
Neither party shall bear responsibility for non-performance of this Agreement to the extent that such non-performance is caused by an event beyond that party’s control, including, but not necessarily limited to, fire, casualty, breakdown in equipment or failure of telecommunications or data processing services, lockout, strike, unavoidable accident, act of God, riot, war or the enactment, issuance or operation of any adverse governmental law, ruling, regulation, order, decree or an emergency that prevents us or you from operating normally.
The parties acknowledge and agree that all documents evidencing, relating to or arising from the parties’ relationship may be scanned or otherwise imaged and electronically stored and the originals (including manually signed originals) destroyed. The parties agree to treat such imaged documents as original documents and further agree that such reproductions and copies may be used and introduced as evidence at any legal proceedings including, without limitation, trials and arbitrations relating to or arising under this Agreement.
ENTIRE AGREEMENT; INTEGRATION
We and you acknowledge and agree that this Agreement and any amendments hereto, and all other documents incorporated by reference therein, constitute the complete and exclusive statement of the agreement between you and us with respect to the Service and supersede any prior oral or written understandings, representations and agreements between the parties relating to the Service.
Notwithstanding the foregoing, this Agreement is in addition to any other agreements and disclosures between you and us. Provisions in our other agreements and disclosures, including the Deposit Account Agreement applicable to your Account(s), may be revised from time to time and remain effective for all other aspects of the Accounts involved. If there is a conflict between the terms and conditions of this Agreement and one or more terms contained in another agreement between you and us, this Agreement will control on issues related to the Mobile Application and related services. However, as a Consumer, the Electronic Fund Transfers Disclosure Statement received when you opened your Account (as the same may be amended from time to time) will control.
If any provision of this Agreement shall be determined by a court of competent jurisdiction to be unenforceable as written, that provision shall be interpreted so as to achieve, to the extent permitted by applicable law, the purposes intended by the original provision, and the remaining provisions of this Agreement shall continue intact. In the event that any statute, regulation or government policy to which we are subject and that governs or affects the transactions contemplated by this Agreement would invalidate or modify any portion of this Agreement, then this Agreement or any part thereof shall be deemed amended to the extent necessary to comply with such statute, regulation or policy, and we shall incur no liability to you as a result of our compliance with such statute, regulation or policy.
ASSIGNMENT AND DELEGATION
We may assign any of our rights or delegate any of our responsibilities in whole or in part without notice to or consent from you. You may not assign, delegate or otherwise transfer your rights or responsibilities under this Agreement without our prior written consent, which consent we may grant or withhold in our sole discretion.
This Agreement shall be binding upon and inure to the benefit of the parties and the parties’ successors and permitted assigns.
No deviation from any of the terms and conditions set forth or incorporated in this Agreement shall constitute a waiver of any right or duty of either party, and the failure of either party to exercise any of its rights hereunder on any occasion shall not be deemed to be a waiver of such rights on any future occasion.
Any claim, controversy or dispute arising under or related to this Agreement shall be governed by and interpreted in accordance with federal law and, to the extent not preempted or inconsistent therewith, by the laws of the Commonwealth of Massachusetts.
If any action is brought by either party against the other regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any relief granted, reasonable attorneys’ fees, costs of court, expert witness fees and other expenses of action.
This Agreement is for the benefit only of the undersigned or otherwise designated parties hereto and is not intended to and shall not be construed as granting any rights to or otherwise benefiting any other person.
RECORDING OF COMMUNICATIONS
Except as otherwise required by Applicable Law, you and we agree that all telephone conversations or data transmissions between us or our respective agents made in connection with this Agreement may be recorded and retained by either party by use of any reasonable means.
You and we are not, and your and our licensors are not, partners, joint venturers or agents of each other as a result of this Agreement.
HEADINGS AND CAPTIONS; INTERPRETATION
The headings and captions of the various subdivisions of this Agreement are for convenience of reference only and shall in no way modify or affect the meaning or construction of any of the terms or provisions hereof. The words “include” and “including” shall be interpreted as meaning “include without limitation” or “including without limitation.”
ACCEPTANCE OF AGREEMENT
By proceeding to use the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the terms and conditions associated with your use of the Service, including any Online Transactions you initiate through the Service.
IMPORTANT: PLEASE PRINT AND RETAIN THIS AGREEMENT FOR YOUR RECORDS.
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The Zeta Joint Card and Joint Account is offered by LendingClub Bank, N.A., Member FDIC. Zeta Help Inc. is a service provider of the issuing bank. All deposit accounts of the same ownership and/or vesting held at the issuing bank are combined and insured under an FDIC Certificate, up to $500,000. The Zeta Joint Debit Card, provided by MasterCard, may be used everywhere where MasterCard Debit Cards are accepted.